Prima facie case of fraud?
[26] Becker relies on a fraud that was committed in relation to the Ministry of Finance. He states this fraud was committed by fourth defendant- aided and abetted by first, second and third defendants. We find no basis for a finding of fraud based on the facts presented to Court when the application was heard ex parte. Apart from stating that third defendant signed the primary agreement there is no evidence or a factual basis to suggest that he or any of the other defendants made any unlawful representations to the Ministry or that they were under some duty to disclose matters they did not. In fact, although fourth defendant by necessary implication had to deal with the Ministry through a representative in negotiating the agreement, this representative is not mentioned nor is any wrongdoing laid in front of his door. Furthermore, there is nothing to suggest first and second defendants were involved with or even knew of these negotiations. Whereas it has been stated with regard to non-d
