Minutes after State rests, Modack lawyer says he wants to reopen bail application

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Nafiz Modack. Photo: Gallo Images
Nafiz Modack. Photo: Gallo Images
  • The State has closed its case in the bail application of Nafiz Modack and others implicated in the murder of Anti-Gang Unit detective Charl Kinnear. 
  • However, Modack's defence indicated they want the bail application reopened. 
  • They also want certain submissions by the State struck from the record.

It has been more than a year since Anti-Gang Unit (AGU) detective Charl Kinnear was murdered, and the case is nowhere near trial. 

The State finally closed its case on Thursday in the bail application of Nafiz Modack and others. 

However, the words had barely left prosecutor Greg Wolmarans' mouth, when the lawyers for Modack and one of his co-accused, Jacques Cronje, said they were applying to have the bail application reopened. 

Magistrate Dion van der Spuy was also informed there would be an application to have some sections of the State's submissions, so far, struck from the record. 

This means Van der Spuy will not be pronouncing on bail by the next court date on 11 October, and the prospect of a trial is still far away.

In addition, many of the Western Cape's prosecuting office staff will spend most of Thursday and Friday suppressing printer rage after Modack's lawyers insisted on having all the electronic evidence submitted, so far, delivered in print format. 

This because one of his advocates, Dirk Uys, is uncomfortable with electronic submissions, and also so that the defence can satisfy themselves that the electronic versions match the printed versions handed in at the Blue Downs Regional Court.

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

A slightly bemused Wolmarans assured Uys he would get his printed copies and, ambitiously, promised them by Friday. 

"I understand that Mr Uys has pointed out that he does not like modern technology. We will satisfy advocate Uys by tomorrow," he said dryly. 

The documents run into thousands of pages.

Uys was up on his feet again, asking whether Wolmarans knew where to deliver the weighty package. 

"The State knows where counsel's chambers are. And, the State knows where counsel's residence is," said Wolmarans, setting off roiling murmurs through the public gallery, which changed to chortles as Wolmarans raised his eyebrows in jest at Uys. 

At least two of the thick lever arch files that Van der Spuy rolled his wheelchair towards contain more than 500 pages of transcripts of the mostly Afrikaaps voice messages and text messages exchanged between some of the accused. 

They also contain affidavits by the investigating officers, some of whom were in court as usual. 

The State has used these messages to justify why it believes it has netted the right people in its vast investigation, which includes the attempted murder of lawyer William Booth. 

ALSO READ | Modack co-accused claimed to have woken up in a morgue after shooting

It alleges Modack was the head of an illegal enterprise that had infiltrated the AGU for inside information. 

He has previously stated he was the victim of a plot by corrupt police officers unhappy that he was working on ridding Cape Town's nightclubs of drugs.

Armed officers from the Tactical Response Team and National Intervention Unit lined the walls of the court. 

Outside court, Modack's supporters kept up their vigil and waved and applauded him as the police drove him back to prison after a dramatic double whoop of the siren at the supporters. 

Modack, Cronje, former rugby player turned debt collector Zane Kilian, car salesman Ricardo Morgan and AGU detective Ashley Tabisher face charges that include racketeering, extortion, and cellphone location tracking for alleged hits, and to extract money from an investment advisor.

Their co-accused - Fareez Smith, Amaal Jantjies and Jannick Adonis who were arrested for an alleged thwarted hand grenade attack on the Kinnear home - have already been denied bail in the Parow Regional Court. 


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