Modack extortion case intensifies, with Joburg links and ‘delaying tactic’ claims

2018-01-17 15:57
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 - The extortion case against suspected underworld kingpin Nafiz Modack and his four co-accused is set to intensify with an investigating officer from Johannesburg getting further involved in the matter, which has so far focused on Cape Town incidents.

Meanwhile, Modack’s advocate Dirk Uys has questioned the timing of a Cape Town-based investigating officer in the matter falling ill, saying it is "too convenient" and that the State is buying time to gather information from the Johannesburg officer.

"It appears that, when there’s a difficulty in the State’s case, somebody falls ill," Uys said in the Cape Town Magistrate’s Court on Wednesday.

Referring to the State’s case, he said: "It’s doomed to failure".

However, it emerged that the State had not closed its case and was only about halfway through.

Uys also made startling claims on Wednesday, including that Modack’s life was in danger while he was in jail.

'Modack is the target of a harmful conspiracy'

"I’m instructed that there appears to be some form of conspiracy to do my client harm while he’s in prison…

"For some reason or other the investigating officers are keeping pills (which he needs)," he said.

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

They face charges relating to the nightclub security industry, in that they allegedly took over security operations at clubs and restaurants mainly around Cape Town, 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 men were arrested on December 15 and lodged an application shortly afterwards to be released on bail.

Charl Kinnear, a police colonel investigating fights in clubs around Cape Town, was meant to continue being questioned by the defence in this application on Wednesday.

Postponed due to illness

But prosecutor Esna Erasmus told the Cape Town Magistrate’s Court that he had experienced chest pains on his way there.

Kinnear was then hospitalised and booked off for at least two days.

Last week, Kinnear had also been booked off ill for two days as he had bronchitis, resulting in the bail application being postponed.

When Uys heard on Tuesday that the matter would likely be postponed again due to Kinnear again being ill, he asked that Modack be released from custody as this would be in the interests of justice.

He referred to recordings played to the court the previous day in which a complainant in the case, Radley Dijkers, had responded to a question by Modack, saying he had not been extorted or intimidated.

'No extortion'

"The complainant does not regard himself as being extorted… At this stage it’s unfair to keep (Modack) in prison," Uys argued on Wednesday.

He said allegations were made to Kinnear "to enable a case of extortion".

"Justice demands that my client actually be released," Uys argued.

All the legal representatives of the accused objected to a postponement in the case.

Attorney Bruce Hendricks, representing Colin Booysen, said his client had a fiance and children to provide for and that his continued time in prison was preventing this.

He submitted that the charges against his client be withdrawn.

'Delaying tactics'

Ben Mathewson, Fields’ legal representative, accused the State of delaying tactics. 

Uys agreed with him, saying: "They need the time. That coincidence happens to be too much". 

The "coincidence" he was referring to was the timing of the Johannesburg investigating officer flying down to Cape Town, and the timing of Kinnear falling ill.

Erasmus responded by saying she was shocked that they would accuse the State of delaying tactics.

She said the State was only halfway through presenting its case.

State's case not concluded

Erasmus said statements were being prepared to explain the recordings that were played in the court on the previous day.

Magistrate Joe Magele ruled that it may not be in the interests of justice if he did not postpone the matter.

He, therefore, granted a postponement.

Friday has been set down as the provisional date for the application when proceedings will not necessarily go ahead, but an update on Kinnear’s condition would be provided.

The bail application is then expected to again get underway on January 24 and 26.

Read more on:    nafiz modack  |  cape town  |  courts

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