Kinnear killing: Bail application of Nafiz Modack and co-accused postponed - again

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Anti-Gang Unit senior detective, Lieutenant Colonel Charl Kinnear.
Anti-Gang Unit senior detective, Lieutenant Colonel Charl Kinnear.
Melinda Stuurman
  • The men accused of the murder of Charl Kinnear will spend Christmas behind bars. 
  • Their bail application was reopened by the State and postponed to 30 December. 
  • Zane Kilian, though, can sleep a little easier, knowing that the men who murdered his mother were found guilty.   

Alleged underworld figure, Nafiz Modack, and his co-accused will stay behind bars for the December holidays after the State reopened the case to file another affidavit to support its plea that they not be granted bail. 

The State also doesn't buy Modack's argument that he can't possibly be a threat to society if the police waited so long to arrest him. 

Modack, Zane Kilian, Jacques Cronje, Ricardo Morgan and Ashley Tabisher face serious charges - at their centre of which are the attempted murder of Anti-Gun Unit detective Charl Kinnear, his eventual murder on 18 September 2020, the attempted murder of lawyer William Booth, and the kidnapping and extortion of a financier.

Morgan is already out on bail, and two others - Amaal Jantjies and Janick Adonis - were denied bail; they were given permission not to come for every court appearance to save on lawyers' fees. 

READ | 'Dangerous' woman accused of Kinnear hand grenade plot denied bail

In Modack's last affidavit, he said the fact that the police took so long to arrest him after Kinnear's murder meant they did not think he was a threat to the public. He had been "at large" until he was eventually arrested on 29 April 2020.

The State scoffed at this in their reply on Tuesday. 

"It is, of course, an argument of convenience," said the prosecutor, Greg Wolmarans, in the latest leg of what he called "litigating an affidavit".

"Arrest too soon, and the police are condemned for undue haste and failure to take the time to seek corroboration before depriving a person of his/her freedom."

nafiz modack
Zane Kilian and Nafiz Modack in court.

Wolmarans also put on record Modack's latest case at the Cape Town Magistrate's Court: 623 charges relating to alleged racketeering and tax fraud. 

He said that Modack's lawyers did not include this development in their latest affidavit, which complained about how long it took to arrest him. 

This case involves charges against Modack, a former SA Revenue Services employee, and Modack's mother and brother. 

READ | Nafiz Modack not at court due to 'mix up', co-accused brother also absent for health reasons

They allegedly claimed VAT refunds they were not entitled to. 

The matter was adjourned to 30 December after a brief, heavily-guarded sitting. 

As the men headed back to custody, there were wishes of "Merry Christmas" to family members who were present.

Kilian's hopes of being reunited with his wife in Springs, Gauteng, were dashed when the court heard that the Supreme Court of Appeal had turned down his petition for leave to appeal an earlier decision not to grant him bail. 

However, he will have some comfort in knowing that four men were convicted by the George Circuit High Court for the murder of his mother, Heila, who he honours through a tattoo on his head. 

Netwerk24 reported that Sakhumzi Benya, Nkosisethu Nocuza, Msomi Nikani and Monwabisi Naki were found guilty of her murder at a braai on 16 April 2018 in Stilbaai. 

Kilian was reportedly present for that sitting and said that, although it took so long, he was glad they were finally convicted. 

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