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

Nafiz Modack supporters directed their anger at a prosecutor in the case. (Jenni Evans, News24)
Nafiz Modack supporters directed their anger at a prosecutor in the case. (Jenni Evans, News24)
Jenni Evans
  • Murdered Anti-Gang Unit member Lieutenant-Colonel Charl Kinnear's murder case has still not passed the bail application phase. 
  • The case was postponed again on Wednesday, with a plan to speed it up from Monday. 
  • The accused include alleged underworld kingpin Nafiz Modack and former rugby player Zane Kilian. 

Suspended Anti-Gang Unit (AGU) member Ashley Tabisher fist-bumped a friend in the Blue Downs Regional Court after the murder case of his senior, Lieutenant-Colonel Charl Kinnear, was postponed yet again. 

"Masekind," he said affectionately to the man, as he also blew a kiss to his wife, while he and his co-accused, including alleged underworld boss Nafiz Modack, set off for another wait until their bail application resumes. 

The man he greeted wore a personalised mask calling for justice, with an emoji of a puppy printed on it to symbolise Tabisher's nickname.

Peeling off layers of clothing after traipsing from the holding cells, Tabisher revealed a T-shirt bearing the words: "Time is longer than a rope."

The chatty AGU member was joined to the massive case that alleged Modack headed an illegal enterprise that led to a thwarted hand-grenade attack on Kinnear's home and his murder on 18 September 2020.

This was allegedly in response to Modack being fed up with the police apparently hounding him, and after his wife was drawn into a gun-licencing investigation.

Kinnear was one of the key detectives in the guns case and was allegedly repeatedly pinged by co-accused Zane Kilian, the former rugby player turned debt collector. 

READ | Nafiz Modack arrested for alleged involvement in Kinnear slaying

The case also includes the attempt on lawyer William Booth's life, and the kidnap and extortion of an investment advisor.

This after an investor, who asked Modack for help in collecting the debt, lost a large chunk of money. 

Co-accused Jacques Cronje allegedly sent threatening messages to the advisor who struggled to transfer money to an account Cronje gave him.

Tabisher was arrested on a charge of corruption for allegedly agreeing to accept R10 000 and a secret phone to tell Modack when the police were going to raid him, and who in Modack's inner circle was giving police information. 

After a late start on Wednesday, to allow the magistrate to clear a busy court roll to accommodate the lengthy bail application, things started to look as though they would stall again when the bank of lawyers arrived together through a side door, looking preoccupied. 

The projector screen had already been rolled down for the anticipated next session of the State's retrieved message and voice notes that have been submitted to support their contention they have the right people in custody, and that they should stay behind bars. 

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

One of the investigating officers made a cutting-off motion to indicate proceedings might not go ahead as planned.

It was over quickly as magistrate Deon van der Spuy heard that in the interest of saving time, the case would be postponed to Monday. 

He said more affidavits would be handed in and this could help pick up the pace.

Kilian folded his exam pad, before he and Modack, Cronje and Tabisher were led out of the courtroom, flanked by heavily armed police officers.

Outside, Modack's usual large support group had dwindled to a few people sitting on the pavement listening to music, and kicking around an old leather soccer ball. 

This time, it was one of the prosecutors, Blaine Lazarus, who drew their ire.

A banner made out of a bolt of white cloth contained a handwritten message complaining Modack was being denied bail.

A printed poster lying on the grass read: "Corrupt cops planned the fake hand-grenade attack so they can frame Modack."

ALSO READ | Modack, Kilian bail application gathers pace as court hears voice note evidence

An alleged money launderer in the case, Ricardo Morgan, is already out on bail. 

Two other accused - Amaal Jantjies and her boyfriend Jannick Adonis - were not present. 

Jantjies was denied bail for her alleged role in the attempted hand-grenade attack on the Kinnears' home in November 2019.

Adonis, who allegedly helped set up the plan, is serving time for another case. 

According to an affidavit already submitted, his involvement began when he told the AGU Modack was allegedly planning an attempt on Kinnear's life. 

He had hoped to get either bail for that separate case in Khayelitsha, or leniency.

Lazarus had been part of the National Directorate of Public Prosecutions consulted on whether it was possible to get a deal for Adonis, but Lazarus had told him it was impossible due to the seriousness of the charges in the Khayelitsha case.  

The case resumes on Monday.

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