- Zane Kilian, charged with the murder of detective Charl Kinnear, was visibly crestfallen to hear he will spend Christmas behind bars.
- He had expected to finally apply for bail but yet another possible exposure to Covid-19 within the team led to the matter being postponed to February.
- He said his son is having meltdowns because he has been away for so long and he kept shaking his head in disbelief when the matter was postponed.
Debt collector Zane Kilian will be spending Christmas behind bars as his bail application was postponed again due to an investigator in the case being unable to testify due to being in isolation due to possibly being in contact with someone positive for Covid-19.
He was arrested in Gauteng after Anti-Gang Unit detective Lieutenant Colonel Charl Kinnear was murdered outside his home in Bishop Lavis, Cape Town, on 18 September.
Kinnear has a long history of working on cases related to firearm possession and testifying in gang murders.
The father of two was shot dead outside his home as he waited for his son to make space for him to park.
His widow, Nicolette, told YOU magazine he had been planning to retire at the end of 2020.
Although CCTV footage of the fatal shooting shows a person with a slight build pointing a gun at Kinnear's white car, the burly rugby-player-turned-debt-collector was arrested in Springs and transported to Cape Town for trial.
He said he was at a pharmacist fetching medicine at the time of the shooting. A time-stamped screen grab was submitted to the court by his legal team.
When his lawyer advocate Johan van Aswegen broke the news to him in the Bellville Regional Court on Tuesday that there would be another delay, he shook his head repeatedly in disbelief, stepping back and then forward to confer with Van Aswegen over the wooden rail of the dock.
Two heavily armed police officers stood at corners in the court keeping a watch over proceedings.
Prosecutor Blane Lazarus said that the investigating officer was now in isolation for possible Covid-19 after transporting somebody in his vehicle.
There have been several postponements in his bail application. At first, it was to find a court considered more secure than Kinnear's home turf of Bishop Lavis. Then a prosecutor had to isolate as a possible Covid-19 contact and then Kilian had to isolate after being a possible Covid-19 contact while in Goodwood Prison waiting out his bail application date.
The case has been postponed to 21 February 2021. He was seen shaking his head from side to side again, showing the Hebrew letters that are among the tattoos on his head along with a tattoo paying tribute to his mother, who was murdered.
Van Aswegen read into the record Kilian's statement in support of his bail application anyway, confirming that Kilian did indeed use a tracking service for the course of his work in tracing people who were behind on their vehicle payments.
He said former policeman Bradley Goldblatt had loaded software for him for this service and had given him a code, which may have also been given to other people.
He said at the time of Kinnear's murder he was at a pharmacist collecting medication.
"I fail to understand how I can be charged with murder," submitted Kilian through Van Aswegen.
"I intend to plead not guilty to the charges."
The 39-year-old said one son, in particular, who lives with autism and cerebral palsy, had been having meltdowns since his dad has been in custody.
Kilian himself needs treatment to manage bipolar disorder, a condition that causes deep depression or mania if not managed properly.
He said in the month before his arrest he earned R20 000 a month and offered R5 000 as bail to secure his return to court.
He apologised for stating he did not have a passport when he was arrested.
He put this down to the "chaos" of the time and said he later remembered that he did indeed have a passport he was planning to use for a rugby trip which did not come through. He would surrender his passport.
Kilian is being charged with a Schedule 6 crime and the certification to State this is expected to be submitted at his next appearance by the State. This means he has to show extraordinary reasons to justify the granting of bail.
He also said he had nothing to do with the attempted murder of lawyer William Booth, a case being heard in the Cape Town Magistrate's Court that he was added to after initial analysis of phones being tracked. He appeared in that court on Monday looking refreshed after his Covid-19 scare, with Kim Smith, Kauther Brown, Ibrahim Deare and Riyaad Gasant.
Kilian said he had no fears over his safety outside jail if he were to be released on bail.
Smith was granted bail in that matter, but the rest of the accused must wait until 18 January to return to court.
When the date for his next court appearance was set for 2 February, he shook his head again and eventually left the court with armed escorts via a side door.
During the February appearance, the State will present its case and heads of argument before a decision is made.