Sparks flew in the Cape Town Magistrate's Court on Friday as the State launched another bid to have former Fidentia boss Arthur Brown sent for 30 days' psychiatric observation.

A similar bid was rejected on Thursday morning by magistrate Justhree Steyn, who is hearing Brown's application for bail.

When the court reconvened on Friday prosecutor Bruce Morrison told Steyn he was making the new application on the basis of testimony by a psychiatrist that Brown suffered from a bipolar disorder which was in only partial remission.

Morrison said there had been inordinate delays in bringing to trial the string of cases Brown was involved in.

The State wanted legal certainty, so it would not be in a "rollercoaster situation" where Brown was fine one moment and unable to stand trial the next.

Brown's attorney Rashad Kahn said, however, Morrison's application was a malicious and destructive attempt to prevent Brown from getting bail.

Morrison was clearly trying to "destroy" Brown, and it was at Morrison's insistence that Brown was sent to Pollsmoor prison on the day in May when he was allegedly raped in the back of a prisoner transport van.

This clearly showed Morrison's "vindictiveness and viciousness", Khan said.

Brown needed to be released on bail so he could prepare properly for his first trial in November.

Khan said he had heard Morrison had even phoned Pollsmoor on Thursday to say Brown should be moved out of the hospital section, where he is being held, and put back with other prisoners.

Morrison told Steyn this was a lie.

He also said the law laid down that when a matter was postponed, the magistrate had to remand an accused to a prison in that court's jurisdiction,

He said Brown was not sent to Pollsmoor because he wanted him there.

The hearing continues.

Sapa