The State’s case against a Cape Flats cop accused of colluding with underworld kingpin, Nafiz Modack, was dealt a moerse blow yesterday as investigators were forced to concede they had no proof against him.
The admissions by the Hawks National Task Team sent shockwaves through the Western Cape High Court, as questions surrounding the case against former Sergeant Ashley Tabisher were raised.
The Elsies River dad and his family were publicly humiliated when a large group of cops descended on his home and arrested him on corruption charges in May 2021.
The former colleague of slain Anti-Gang Unit (AGU) detective Lieutenant-Colonel Charl Kinnear made his first appearance in the Blue Downs Magistrates Court, where the State claimed he conspired with associates of Modack against Kinnear - a claim he has always denied.
After spending three years in jail and being denied bail by various courts, the man fondly known as “Puppy” bravely took to cross-examining the Hawks on Tuesday.
In recent weeks, Captain Trevor Shaw has taken to the stand to unravel cellphone evidence linked to Modack’s co-accused, Amaal Jantjies, about planned attacks on Kinnear’s Bishop Lavis home.
According to the State’s case, Tabisher had allegedly formed a corrupt relationship with Jantjies to provide her with information about when cops planned to raid Modack’s home.
The State alleged that Tabisher received R10 000 and a cellphone from Jantjies, which Tabisher denied.
Tabisher who is representing himself at the mammoth underworld trial, arrived at court with a large trove of documents as he questioned Shaw.
Asked to produce proof that he had accepted money and a cellphone as a bribe, or handed over information to Modack, the investigator conceded that there was none.
Judge Robert Henney highlighted communications from Jantjies to Modack, and labelled her a liar who deliberately misled Modack into believing that she had formed a relationship with Tabisher and other cops to provide information to him.
Last week, it was revealed that Jantjies had fabricated messages which she sent to Modack and claimed that alleged Sexy Boys gang boss Jerome “Donkie” Booysen had colluded with Kinnear and former AGU head Major-General Andre Lincoln to have cops raid Modack’s home.
Henney said besides the claims made by Jantjies, there was no evidence to prove that Tabisher was ever corrupted by Modack.
The Judge said: “You [Shaw] cannot dispute his version. On the face of it, Amaal Jantjies misled Mr Modack.
“She even sent fabricated messages. She bamboozled Mr Modack if one can use such a word.”
Tabisher further told the court that the Independent Police Investigative Directorate had asked him to testify in the culpable homicide charges relating to the grenade attack at Kinnear’s home.
He said: “I find it strange that the state thinks I can testify there but here I am accused. I told them I will testify.”
monique.duval@inl.co.za