brought to trial on charges of fraud and theft regarding the donation by paul simon the court stated: "the court a quo found that the appellant had committed fraud by representing to the other trustees that only r423 000 was available to the trust when in fact r682 261.21 was available. the appellant was accordingly convicted on count 4. furthermore, the court held that the appellant stole the difference of r259 161.21. this led to his conviction on count 5. the appellant's defence to both charges, in the court a quo and in this court, was that he, and not the children's trust, was entitled to receive the sum of r259 161.21."