LISTEN AND WATCH: The core of the extortion case revealing multiple Modack investigations

2018-02-09 07:12
Suspected underworld kingpin Nafiz Modack in the dock in the Cape Town Magistrate's Court. (Caryn Dolley, News24)

Suspected underworld kingpin Nafiz Modack in the dock in the Cape Town Magistrate's Court. (Caryn Dolley, News24)

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Cape Town - Statements and testimony in the extortion case against suspected underworld kingpin Nafiz Modack have revealed that there are multiple layers of investigations into his activities, and several state agencies have apparently flagged information relating to him.

However, the extortion case, which is at bail application stage in the Cape Town Magistrate's Court, stems from an alleged incident which started unfolding in April 2017. It involved audio recordings and a video which were played in the courtroom.

The recordings capture the defence's and the State's cases. The defence's case is that Modack provided security to an upmarket venue in Cape Town and the State's case is that he extorted those running the venue and forced them to use the security.

This case has revealed several investigations into Modack.

Multiple investigations

Based on statements and testimony so far, it has emerged that some allegations against Modack are, or have been:

  • apparently flagged by the State Security Agency in that it apparently picked up on claims that he was planning to have the investigating officer in the extortion case and two police officers murdered - allegations which Modack has denied;
  • picked up by national Crime Intelligence officers who also received the alleged information about a murder plot;
  • investigated in Gauteng by a member of the provincial investigation unit dealing with serious and violent crimes;
  • under investigation by a task team in Cape Town, which includes members of the Hawks;
  • probed by members of the Cape Town police cluster.

Modack is accused of extortion and intimidation alongside Carl Lakay, Ashley Fields, Colin Booysen – suspected Sexy Boys gang boss Jerome Booysen's brother - and Jacques Cronje.

They face charges relating to the nightclub security industry in that they allegedly took over security operations at clubs and restaurants, 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 and lodged a bail application shortly afterward.

Colonel Charl Kinnear, the investigating officer in the extortion matter, has been the only State witness called to testify.

Kinnear previously testified that Modack, Colin Booysen and other accused had extorted R90 000 from The Grand, an establishment in Granger Bay, by forcing managers there to make use of their security.

However, Modack's advocate Edwin Grobler had questioned Kinnear about whether Radley Dijkers, a complainant in the matter and the brand manager of The Grand, or Stuart Bailey, the operations manager of the Harbour House Group, under which The Grand falls, had ever been threatened by any of the accused in the case.

'Demeanour and feelings'

Kinnear had responded: "Nobody threatened them, but they felt threatened by the demeanour of the accused."

While under re-examination by the State on Wednesday, Kinnear played a CCTV clip of Modack, other accused in the case and other men entering The Grand together.

Kinnear said this was to show their demeanour.

However, after watching the clip, Grobler put it to Kinnear that the men had entered The Grand passively and that there was no violence.

Kinnear said the complainants in the matter had felt threatened due to the demeanour of the group of men.

But Grobler said: "It's irrelevant what people feel." 

He told Kinnear that there was a hit on Modack's life and that was why he walked around with a group of men.

Grobler also put it to Kinnear that he and Major-General Jeremy Vearey were accompanied by between six and 10 police officers when walking to and from the court.

Kinnear confirmed this and said the police officers were therefore Vearey, who had previously received threats.

On Wednesday Kinnear also testified about allegations that Modack planned to have him, Vearey, another police officer and the prosecutor in the case murdered.

Modack, via Grobler, denied he had any such plans.

Recorded phone conversations

Grobler had in January played two audio recordings for the court - conversations between Modack and Dijkers.

In one recording Modack is heard asking Dijkers if he or Colin Booysen had tried to threaten, intimidate or extort him in any manner.

Dijkers replies: "No, no, that's what I told Leon yesterday…. There was no intimidation or anything like that at all." 

It was not clear who the Leon was to whom Dijkers had referred.

Dijkers is then heard saying to Modack that an arrangement was made and "you guys" said the costs were higher than anticipated.

Modack replies that that is "normal business".

After this recording was played in the court in January, Grobler had asked Kinnear if the State's version of events, and what was contained in the recording, were inconsistent.

Kinnear agreed that it was inconsistent. 

But during Wednesday's proceedings Kinnear had played an audio clip of a conversation between himself and Dijkers. In this clip Dijkers told Kinnear he had said what he had to Modack as he felt threatened.

Security company matter

During previous proceedings, it was heard that Modack denied that he was part of the company Skhosana Maponyane Hall Phillips and Khumalo, trading as The Security Group (TSG), which police have previously alleged in court is at the centre of underworld ructions.

However, on Wednesday Kinnear then played an audio recording between Modack and a man based in Serbia named George - the same source who provided information used in author Jacques Pauw's critically-acclaimed book The President's Keepers.

In this recording Modack can be heard saying: "Do you know what the problem is here?... We've got the company TSG, right, which is a normal company. They do... security by the clubs when we took off the clubs from them."

Kinnear confirmed that, in the clip, Modack said he was part of TSG. 

On Wednesday, aside from the alleged extortion at The Grand in Cape Town, prosecutor Esna Erasmus read several more statements into the court record.

READ: We will burn this place down - How Modack allegedly tried to take over Gauteng clubs

One statement, by Vincent Andre Saunders, a detective warrant officer stationed at Gauteng's provincial investigating unit focusing on serious and violent crimes, said Modack and Cronje had allegedly threatened the owner and manager of The Grand in Sandton after they declined to accept their security.

Saunders said he therefore planned to charge and arrest Modack and Cronje when the bail application in the Cape Town court wrapped up.

This bail application is expected to continue on Monday when Modack's legal team is set to be given a chance to question the statements which the State handed up on Wednesday.

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Read more on:    saps  |  nafiz modack  |  cape town  |  underworld  |  crime

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