UPDATE: Brouze: Catnapping leads to kidnapping


The war of attrition between reputed billionaire David Brouze and his estranged wife, Karen, has gone yet another round in the courts. This time David has been accused of “kidnapping” their two-year-old daughter when he held off returning the child for several hours after the agreed time for one of his regular access visits.

In nose136 we told the saga of the acrimonious breakdown of the Brouzes’ 17-year marriage and Karen’s quest to establish the true wealth of her 47-year-old husband – with a view to obtaining the large chunk of it to which she is entitled under the accrual system in a possible future divorce action. A share he appears as determined to deny her.

Her estimated asset breakdown – totalling more than R1 billion – was filed by Karen in responding papers after David filed an unsuccessful urgent application in December for extended access to their youngest child over the Christmas holiday. However, outside the court afterwards, Karen offered – through the attorneys – reasonable visiting rights over the holiday.

Now more court papers recount the background to the latest urgent court application after David, non-executive director and former chairman of the JSE-listed Austro Group, arrived at Karen’s home in Atholl, Joburg, on the morning of January 20 to collect their youngest child at the usual “contact collection” time of 8.30.

The bell at the gate was not working and for seven minutes David’s frantic hooting failed to rouse Karen. The “billionaire” went to the back door and after 10 minutes of banging, Karen, who was having a sleep-in, finally appeared in her pyjamas with the child.

David left with their daughter and, nearly two hours later, his attorney Graeme Greenstein faxed a letter to Karen’s attorney Ian Levitt stating: “Until such time that he [David] has clarity about your client’s [Karen’s] condition and her ability to care for… [their daughter] he will not return her.” His client sought urgent agreement that Karen would consult a psychiatrist.

Levitt declares in a replying affidavit that David “is not entitled to act in this manner. He has sought to manufacture a false case against Karen. In effect he has taken the law into his own hands and committed the criminal offence of kidnapping”.

Levitt dispatched a letter to Greenstein informing him that if… [their daughter] was not returned to her mother by 1pm he would bring an urgent application before the high court and lay criminal charges.

By 13h15 there had been no response and that afternoon Karen’s urgent application was brought before the duty judge at the South Gauteng High Court in Johannesburg, Acting Judge Jody Kollapen. After hearing the arguments of both sides, the judge ordered David Brouze to return the child to her mother “forthwith”. Indicating the judge’s disapproval of his actions, David was also ordered to pay legal costs on the scale of attorney and own client.

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Submitted by : Garry Fromentin of Sandton on 2011-04-01 13:03:08
Veteran of a 4 year divorce. married 5.
Fees paid in 2002 - circa R1.6m
2 x beautiful children
Non stop legal drama from bitter ex wife
Children alienated from me and destruction continues
Sheriff, Jail, High Court 5 times, mediation 6 times, SCA x 1 and we look like we may even do Appelate and Constitutional.

Trust me I know
 
Submitted by : Garry Fromentin of Sandton on 2011-04-01 13:00:17
David

Dont play these games. The more antagonistic you get the more your daughter will wear the pain later. You are putting her in the position where sooner or later she will be forced to choose. Children need mommys and daddys. Act like a true gentleman through the divorce. Karen dont take your emotions out on the legal system to cause maximum pain. You never got on when you were married, there is a solid probability it will get worse after the inflictions you are both delivering now. Picture your little girl getting cut with a knife everytime you vilify your actions to attack. That should be sufficient for you to both compromise in every situation. Suck it up

Editor's Note
Well advised as true gentleman... Mr. Nose needs say no more.

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