Modack bail bid has been used as a ‘mudslinging campaign’ - prosecutor

2018-02-15 21:04
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 - Certain individuals have used the bail application of suspected underworld kingpin Nafiz Modack to hurl accusations, which are irrelevant to the case, at others.

State prosecutor Esna Erasmus said this in the Cape Town Magistrate's Court on Wednesday.

She referred to claims that had been made by an investigating officer against a top advocate, which she described as "without substance", as well as allegations made against the investigating officer about his family.

Previously, claims about the true purpose of the bail application also arose in the court.

Bruce Hendricks, the lawyer for one of Modack's co-accused, Colin Booysen, alleged last month that the case was simply about police corruption.

READ: Modack case is about corrupt cops, court hears

"This matter is nothing more than officers of the law being corrupt and being in cahoots with people," he had said.

The names of some police officers, who were allegedly working with Modack, had been mentioned during the bail application.

Charl Kinnear, the investigating officer in the case, previously testified that in an audio clip, Modack said "he was dealing with high-ranking police officials and, should there ever be a problem, Tiyo and Mbotho can sort it out".

He was referring to Major General Mzwandile Tiyo, the Western Cape's head of Crime Intelligence, and Major General Patrick Mbotho, who was a provincial head of detectives at that stage.

'Irrelevant'

Modack's advocate Dirk Uijs SC on Wednesday argued that several matters irrelevant to the bail application had been testified about.

He urged the court to ignore "the other evidence which has been piled up in this matter".

Modack is facing the extortion and intimidation charges in Cape Town along with Jacques Cronje, Carl Lakay, Ashley Fields and Colin Booysen - the brother of alleged Sexy Boys gang boss Jerome Booysen.

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

The charges they face relate to a nightclub security takeover. The group was arrested on December 15 and lodged a bail application shortly afterwards.

On Wednesday, before starting her closing argument, Erasmus said the application had been used for other purposes.

"This bail application has unfortunately been used by various parties as a mudslinging… campaign," she said.

Erasmus referred to allegations previously made against advocate Pete Mihalik.

'No substance'

"That detail should never have been led… It has no substance and was uncalled for," she said.

When evidence about Mihalik had been led, another prosecutor had been handling the case.

Kinnear had previously testified that, during an altercation in Parow in March 2017 a firearm was stolen.

The firearm, he said, had turned up at Mihalik's offices.

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

Kinnear alleged that Brian Wainstein, an international steroid smuggler who was murdered in his Constantia home in August 2017, had paid over this money and the firearm was returned. 

Mihalik, Kinnear had also testified, was also allegedly a "facilitator" involved in collecting so-called protection money from rich business people. 

'Personal attack'

Erasmus had on Wednesday also said the "personal attack" on Kinnear, his family and children was uncalled for.

Kinnear previously testified that his son had been in a relationship with Jerome Booysen's niece.

During Kinnear's cross-examination lawyer Ben Mathewson, who represents Fields, produced a photograph of Jerome Booysen's son with Kinnear's son. Kinnear said the photograph was taken in either 2012 or 2013 and that he may have taken it.

Roooshdeen Rudolph, Lakay's legal representative, had during cross-examination peppered Kinnear with questions about whether he had socialised with the Booysens.

Kinnear said he had gone to the home of a Booysen sister in Bellville "a couple of times" to fetch his children there.

Details about several other alleged crimes surfaced during the bail application. A number of claims, including that controversial businessman Mark Lifman controls police, were also made.

Lifman was said to be Modack's rival.

Modack and his co-accused are to find out the outcome of the bail application on February 28.

Read more on:    cape town  |  crime

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