Alleged underworld kingpin Nafiz Modack has been dealt another blow as his application to appeal his bail judgement was dismissed by the Western Cape High Court.
After months of waiting, Modack along with co-accused Jacques Cronje and former Anti-Gang Unit officer, Sergeant Ashley Tabisher were told on Friday that their appeal for freedom was unsuccessful.
The trio, along with several others, are currently appearing before the Blue Downs Magistrate’s Court for the murder of slain AGU detective lieutenant-colonel Charl Kinnear, who was gunned down outside his Bishop Lavis home in 2018.
Modack, 40, is accused of conspiring to kill Kinnear and his family as well as top criminal lawyer William Booth, with the State accusing him of running the ‘Nafiz Modak Enterprise’.
In a scathing judgement, judge Mark Sher said Modack had not proved any exceptional circumstances why he should be released and that evidence before the courts had already proved that witnesses had been threatened.
Highlighting the charges of kidnapping and extortion against Modack and Cronje, Sher said it was evident that Cronje acted as an ‘enforcer’ and carried out acts of violence.
“As is evident in respect of the evidence pertaining to the charges of kidnapping, extortion and intimidation, Modack and Cronje as his ‘enforcer’ have resorted to acts involving threats of physical violence, in order to achieve a particular objective,” the judge said.
“The allegations pertaining to the charges of attempted murder and murder are extremely serious and suggest that a high level of cold-blooded and meticulous planning was involved in the execution thereof.”
Analysing the affidavits handed in by Tabisher, Sher dismissed his claims that he had been set up by senior officers who instructed him to communicate with Modack’s co-accused, Amaal Jantjies.
Tabisher has always maintained his innocence and through his lawyer, advocate Bruce Hendricks, hinted at a conspiracy to “hide the truth” about Kinnear’s assassination.
Tabisher has also pointed a finger at sergeant Wayne Henderson who was charged alongside alleged underworld kingpin Mark Lifman and alleged Sexy Boys gang boss Jerome ‘Donkie’ Booysen for similar charges, but his bail was unopposed by the State.
Henderson made multiple appearances in the Western Cape High Court alongside the group of skollies allegedly behind the nightclub security fights and the murder of Brian Wainstein.
But Sher did not agree and dismissed Tabisher’s appeal, saying: “I am similarly of the view that the interests of justice do not support the release of Tabisher on bail.
“In my view, were he to be released on bail the public’s respect for the criminal justice system would similarly be brought into disrepute.”