The disclosure of the docket of alleged underworld kingpin Nafiz Modack caused a stir at the Western Cape High Court on Friday as defence teams prepare to go to trial.
The latest appearance by Modack and his co-accused, for the murder Anti-Gang Unit commander Charl Kinnear, was marked by applications and questions as the group, accused of orchestrating the shooting in September 2020 requested various details on the charges they face.
Just a month after being warned to seek out legal representation for the upcoming trials, Modack and his co-accused appeared in high spirits as some of them gooi’d gang signs, seemingly min gespin about facing charges under the Prevention of Organised Crime Act (POCA).
During the lengthy pre-trial, Judge Nathan Erasmus questioned each accused on their readiness for trial.
The group are set to face over 3 000 charges relating to various incidents including a grenade attack on Kinnear’s home, pinging the cop’s cellphone as well as fraud, corruption and racketeering charges.
Sitting in the dock in a Hugo Boss jacket, Modack smiled as his lawyer revealed that despite arrangements being made with Helderstroom Prison for a three-hour consultation in preparation for his trial, officials from the Department of Correctional Services cut their time by two hours.
Advocate Dannie Gouws, who travelled from the Eastern Cape to represent Zane Kilian, dropped the first bombshell when he revealed he intended on bringing a fresh bail application amid “new facts” found in the docket.
Kilian, accused of pinging Kinnear’s cellphone, smiled from ear to ear and nodded in agreement as he has already been incarcerated for more than two years.
Former AGU cop Ashley Tabisher took potshots at the State’s case, and called for prosecutors to release video footage of the grenade attack, amid speculation that it was never actually thrown at Kinnear’s Bishop Lavis home.
The former sergeant then instructed advocate Bruce Hendricks to question certain aspects of the State’s evidence against him, which according to sources, implicates high-ranking cops in the province.
According to the State, Tabisher allegedly konkeled with co-accused Jannick Adonis and Amaal Jantjies to provide information on planned police raids at the homes of Modack.
But Tabisher called on the State to provide him with the downloaded material from the state cellphone confiscated at the time of his arrest, which he claims will prove that he had been acting on instructions from his superiors.
Erasmus postponed the matter to August 11 for a further pre-trial, at which alleged Woodstock gang boss, Moegamat Toufiek “Bubbles” Brown, threw his hands in the air, making Terrible West Siders gang signs.
He was followed by co-accused Ziyaad Poole who made signs of the Terrible Josters as they laughed and entered the holding cells.
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