From convicted killer to R2.5m home owner – extortion accused's finances detailed in court

2018-01-23 22:00
From left: Police officers Sergeant Edward Edwardes, Colonel Charl Kinnear and Major-General Jeremy Vearey, involved in investigating the extortion case focusing on Nafiz Modack, leave the Cape Town Magistrate's Court. (Caryn Dolley, News24)

From left: Police officers Sergeant Edward Edwardes, Colonel Charl Kinnear and Major-General Jeremy Vearey, involved in investigating the extortion case focusing on Nafiz Modack, leave the Cape Town Magistrate's Court. (Caryn Dolley, News24)

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Cape Town – An accused in the extortion case centring on suspected underworld kingpin Nafiz Modack believes witnesses were forced into constructing a false case against him, the Cape Town Magistrate's Court heard on Tuesday.

The finances of Colin Booysen, the accused, were detailed in court, with his attorney Bruce Hendricks saying he lived in a R2.5m home in Bellville and had a second property valued at R960 000 in Belhar.

Hendricks said Booysen, who is the brother of alleged Sexy Boys gang boss Jerome Booysen, also had vehicles with a combined value of R500 000.

But Charl Kinnear, a police colonel probing underworld activities, testified on Tuesday that he knew Booysen as a member of the Sexy Boys gang who instilled fear in witnesses in the case.

Booysen's background, along with accusations of delaying tactics by the State, were also detailed in the Cape Town Magistrate's Court on Tuesday.

He is accused of extortion and intimidation alongside Modack, Jacques Cronje, Ashley Fields and Carl Lakay. 

They face charges relating to an alleged takeover of security operations at nightclubs and restaurants, which allegedly involved forcing owners to pay them.

For a detailed breakdown on what has been happening in the underworld nightclub security takeover, see News24's showcase Underworld Unmasked

The group was arrested on December 15.

In court on Tuesday, Hendricks questioned Kinnear about Booysen.

He said someone with fixed property, such as his client, was unlikely to flee.

Hendricks said the last time Booysen was convicted of a crime was in 1992 – for murder.

Booysen, he said, had stood trial and later served a jail sentence which ended in 2005.

He said that at the time his client had been represented by "Advocate Desai", who was now a judge in the Western Cape High Court. It is understood Hendricks was referring to Judge Siraj Desai.

Hendricks said his client had five operating permits for taxis and generated an income of about R60 000 per month.

He described Booysen as a "family man" who regularly paid his taxes.

'He instilled fear in my witnesses'

There was, however, no evidence in the docket in the extortion matter which suggested this.

Asked why he was opposed to Booysen's release on bail, Kinnear replied: "He instilled fear in my witnesses. They know [Booysen] as the gangster of the group."

Kinnear explained that the witnesses understood what gangsterism was and feared if they got on the wrong side of a gangster, they would be killed.

He then elaborated on the definition of the word "threat", saying that because witnesses had felt threatened, he opened a case.

Hendricks hit back saying: "They were coerced to do, or make, this false case against my client."

Kinnear testified that the club security takeover involved an older faction – which counted controversial businessmen Mark Lifman and Andre Naude in its ranks –  and a new faction, which included the accused before the court.

He said that even though Booysen was before the court and involved with the new faction, he had previously been involved with the older faction.

Stolen firearm

Hendricks asked why none of the members of the "old faction" had been arrested. Kinnear replied that he could only account for cases he was investigating.

Earlier during proceedings on Tuesday, Modack's lawyer, Advocate Edwin Grobler, questioned Kinnear.

He asked why Kinnear, in his evidence-in-chief, had referred to a firearm which had allegedly ended up in an advocate's office.

Kinnear previously testified that a firearm was stolen during an altercation in Parow in March. The firearm, he said, had turned up at Advocate Pete Mihalik's offices.

Mihalik, Kinnear had said, told Naude he would return the firearm to its owner in exchange for R20 000. 

Brian Wainstein had paid this money and the firearm was returned. 

News24 previously reported that Wainstein, known as the international "Steroid King", was shot dead in his Constantia home in August.

On Tuesday, Kinnear said he had referred to this matter because Modack was one of those who had taken the firearm from its owner.

'Designed for sensation and elongated jail term'

Grobler said he found it strange that Kinnear had referred to this.

"It was designed to create sensation. It was designed to waste time," he told Kinnear.

Grobler said Kinnear had testified about the firearm to ensure that the accused in the case spent Christmas and New Year's Day in jail.

But Kinnear said he had mentioned the firearm matter as the previous prosecutor on the case had asked him to elaborate on incidents relating to the case.

Kinnear had previously testified that a source had told him that Modack planned to flee South Africa if released on bail.

Grobler said Modack viewed this as "complete nonsense".

Earlier during proceedings, Kinnear testified that after a statement on the matter was made to him in November, he registered an inquiry, instead of opening a case docket.

READ: Modack extortion case initially concealed due to cop collusion, court hears

If a case docket had been opened, it would have meant that anyone with access to the criminal record system would be able to see the statement on a computer.

The inquest was therefore registered, Kinnear said, "because of senior police involved with the group".

Grobler put it to Kinnear on Tuesday that it was repeatedly put to him that there was no prima facie case against Modack.

But Kinnear said there was a prima facie case against all the accused. 

The bail application is expected to continue on Wednesday.

Read more on:    cape town  |  crime

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