The Western Cape High Court has placed Nafiz Modack’s murder trial on hold until Legal Aid appoints a lawyer for him.
A week into the mammoth underworld trial which is centred on the murder of Lieutenant-Colonel Charl Kinnear, Judge Robert Henney has ordered that a legal representative must be appointed amid ongoing delays.
The trial was nearly hamstrung last month after it was revealed that Modack had appealed a decision by Legal Aid, as he called for them to pay lawyers of his choice.
Modack along with 14 others are facing over 100 charges which include murder, attempted murder, public violence, racketeering and money laundering.
Henney stripped his moer yesterday when proceedings were delayed by more than two hours as the court waited for Zane Killian, who had not been brought from Malmesbury Prison, and threatened to set him free.
Henney said as Killian was seen smiling in the dock: “Failure to bring an accused person to court is not a reason for a postponement. If an accused is not brought to court, I will not issue a warrant and that person will be released.”
Modack was also made to continue his pleas and has so far denied trying to corrupt former deputy head of detectives, Major-General Jeremy Veary, as well as Kinnear.
According to the State’s case Modack allegedly offered the cops R40 000 for the return of his guns, confiscated during a raid carried out by Kinnear.
The trial was postponed to 19 February but Henney warned Modack along with his younger brother, Yaseen, to return to court on Monday for the finalisation of their legal representations.
Meanwhile, former Anti-Gang Unit cop Ashley Tabisher shocked the court when he demanded the return of his cellphones to prepare for his trial.
Tabisher, who is accused of colluding with Jannick Adonis and Amaal Jantjies to leak information about internal police operations, says he wants all the chats between himself and his former boss, Major-General Andre Lincoln, in order to prove his innocence.
He believed there was vital information on the phones that would exonerate him.
Henny ordered that this be done.