Kinnear murder case back in court on his birthday

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  • Nafiz Modack and his co-accused returned to court on the birthday of Charl Kinnear, who they are accused of murdering. 
  • As the anniversary of Kinnear's murder approaches, Modack's bail application still has not been finalised. 
  • His lawyer has threatened to take the State to the High Court over delays. 

Nafiz Modack returned to court on what would have been the birthday of Anti-Gang Unit (AGU) detective Charl Kinnear, who he and others are accused of murdering. 

Instead of celebrating the detective's birthday, his family were waiting at home for an update on how the murder case was proceeding. 

Kinnear was shot dead outside his house in Bishop Lavis on 18 September 2020. 

The first to be arrested was former rugby player Zane Kilian, who allegedly supplied location finding services to the as yet unidentified trigger person. 

READ | Nafiz Modack tells court 'rogue cops' are after him because of his anti-drug efforts

During his bail application the court heard that the police had been warned that somebody was spying on Kinnear's location. 

For Kinnear's family, Thursday will not be a relaxed day of serving tea and cake to well-wishers. It is also almost a year since the father and husband was killed while waiting to park his car.

During his appearance at the Blue Downs Regional Court, Modack seemed unsteady on his feet. 

He wore his customary green scarf and carried a dossier of notes, and seemed to sway slightly in the dock. 

Heavily armed specialist police officers blocked entrances to the doors.

They stepped forward to stand closer to the accused when the matter began.

Blue Downs, Modack
Police outside the Blue Downs Regional Court the case involving the murder of AGU detective Charl Kinnear (Jenni Evans, News24)
News24 Jenni Evans
Modack, Blue Downs
Supports of Nafiz Modack waited to wave him goodbye (Jenni Evans, News24)
News24 Jenni Evans

Modack appeared with his co-accused Kilian, Ricardo Morgan, Jacques Cronje and AGU officer Ashley Tabisher.

The State alleges that Modack heads a criminal enterprise involved in murder, attempted murder, kidnapping, extortion and money laundering. 

The incidents involved in the allegations include Kinnear's murder, the attempted murder of lawyer William Booth, and the kidnapping of one of Booth's clients.

READ | Key witness in Charl Kinnear murder case targeted in drive-by shooting

Kilian has changed his instructing attorney Eric Bryer, and now has Gqeberha lawyer Danie Gouws on board, with advocate Marius Botha still leading submissions in the court. 

Gouws' previous work includes representing Chanelle Coutts, the personnel manager of the OK Grocer in Algoa Park owned by Christopher Panayioutou. He was found guilty of the murder of his wife, Jayde. 

Sporting an auburn hair tint, Kilian appeared to have been working out in prison, with his broad shoulders pulled back as the police officers stood near the accused.  

The Regional Court Magistrate Deon van der Spuy is unwell, so Magistrate Nobenguni Bingwa stood in for a brief appearance to postpone the matter again. 

However, Modack's lawyer Dirk Uys complained that the State still had not given him the finalised indictment he says he needs to prepare appropriately for the bail application. 

Get on

In his usual flamboyant manner, he threatened to go to the High Court to get the State "to get on with it".

Modack was arrested in a dramatic pincer movement in Cape Town on 29 April. 

"After two months of trying to get this bail application off the ground, all that has happened in truth is that my client in truth has filed his founding affidavit," said Uys. 

"With respect, that, I would suggest, is just unacceptable."

nafiz modack
Zane Kilian and Nafiz Modack during a previous court appearance.

During the submissions, Tabisher, who has grown a beard, shot quick glances at his wife sitting in the public gallery. 

He faces charges of allegedly agreeing to accept money to tell Modack when the police were going to raid him.

The matter was postponed to August 17 and 18, and the group was taken out, and later driven back to prison in a convoy. 

A small group of Modack supporters stood next to razor wire in the bushes outside the court to wave him goodbye.

Morgan, who is accused of money laundering, had his bail extended. 

Charl Kinnear
Anti-Gang Unit senior detective Lieutenant Colonel Charl Kinnear.

Two other accused, Amal Jantjies and Janick Adonis, were not present. Jantjies was denied bail in her matter connecting her to the case via an alleged hand grenade attack on Kinnear's house. Adonis is already serving time for a separate matter. 

On Friday, the court will hear another case allegedly linked to gang activities when Mark Lifman and Jermone Booysen return in a large group, including alleged 28s gang members in the Cape Town Magistrate's Court.

They were arrested in connection with the murder of steroids trader Brian Wainstein.

On Wednesday, Alan Raves and Irshaad Laher returned to court for their case relating to the alleged theft and sale of guns to gangs from the police and SANDF. Their case was postponed to 20 August.

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