Kinnear murder: Anti-Gang Unit cop in Modack case wants separate bail application

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The heavily guarded Blue Downs Regional Court ahead of the bail application of Nafiz Modack and others.
The heavily guarded Blue Downs Regional Court ahead of the bail application of Nafiz Modack and others.
Jenni Evans
  • Anti-Gang Unit officer Ashley Tabisher wants his bail application separated from that of Nafiz Modack. 
  • He says, now that Modack is reopening his bail application, it will take longer for his to be decided on. 
  • His family needs him and it is not safe to be a policeman in jail, he argues.

Anti-Gang Unit (AGU) member Ashley Tabisher wants his bail application to be separated from his co-accused Nafiz Modack, in the hopes of getting out of prison sooner, while the rest of the application drags on. 

"It is now six months later and the process has still not been finalised," said his lawyer Bruce Hendricks in the Blue Downs Regional Court on Friday.

After 30 court appearances, Tabisher feels it is unfair to make him wait out the reopening of Modack's bail application, so that the alleged underworld boss can file another affidavit. 

Modack was arrested in the Century City area of Cape Town in April in a car chase that ended with him being blocked off by police vehicles. 

He faces charges in a massive case that centres around the murder of AGU detective Charl Kinnear, an attempted hand grenade attack at Kinnear's home, the attempted murder of lawyer William Booth, and the kidnapping of a finance manager. 

READ | Modack gets the nod to reopen lengthy bail application in Kinnear murder trial

So far, the accused are Tabisher, Modack, Jacques Cronje, former rugby player Zane Kilian, Ricard Morgan, Amaal Jantjies and Jannick Adonis.

Tabisher was arrested a few days after Modack, and faces charges of corruption for allegedly agreeing to take R10 000 and a secret cellphone with which to tell Modack when the police would raid his home. 

The State alleges that the offer was allegedly made via Jantjies. Tabisher got to know her while driving her boyfriend Adonis to and from court in a different case. Adonis and Modack are believed to have met each other in prison while Modack was in custody, also on another matter.

The State believes that Modack was fed up with the police raiding him, feeling that he was being targeted by crooked cops for trying to get drugs out of nightclubs. The last straw for Modack seemed to be a raid on his wife, and he then allegedly began plotting an attack on Kinnear's home.

Tabisher has always been upbeat at his court appearances, greeting family with Kaaps quips, and growing a bushy beard that poked out of the side of his mask.

But now he has had enough, and wants to know if we will get bail or not, without having to wait any longer.

READ | Modack and co-accused's bail application in Kinnear case stalled yet again

His lawyer Bruce Hendricks said Tabisher had the right to a speedy bail application, and that making him wait for somebody else's application to be completed was not fair. 

Hendricks submitted that dates were already being penciled in for January 2022 for the reopened bail application, and that this was far too long for Tabisher to wait for an answer.

He said Tabisher had cooperated with the police, still had his job although suspended, and the court already had all the bail information it needed for his application.

Hendricks said Tabisher's wife was battling with the anxiety of the case, and running the home by herself, with a little girl who cried all the time for her father and couldn't sleep.

Tabisher said his health was taking a hit in custody, and that it was also not safe for a policeman in jail. 

READ | Infuriated Modack plotted revenge after Kinnear had his wife arrested, court hears

He was also worried that Hendricks would stop representing him pro bono, because of all of the occassions he had to appear in court. 

The court heard that Tabisher's police colleagues had been checking in on his family for him, but that he needed to be home for his wife and child. 

Tabisher also submitted that anything he did was on the orders of former AGU head Andre Lincoln, and that the State did not have evidence that he accepted any money.

He offered R5 000 in bail. 

The matter was postponed to 3 December for the State to reply, to the visible disappointment of Tabisher, and his wife who sat in the public gallery. 

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