- Nafiz Modack has spent a fortune on civil cases against the police.
- According to the prosecution, he still owes hundreds of thousands of rand in costs for these claims.
- The court also heard that his fellow accused claimed to have woken up in a morgue after an alleged assassination attempt.
A co-accused of Nafiz Modack in a massive racketeering case centred on the murder of Anti-Gang Unit detective Charl Kinnear claims to have survived an assassination attempt.
In an affidavit read out at the bail application of Jacques Cronje in the Blue Downs Regional Court, Cronje claimed he woke up in a morgue after he was shot seven times. He said authorities thought he was dead.
An investigating officer went to check this out.
Prosecutor Adnaan Gelderbloem said:
On further investigation, it emerged that Cronje had actually been shot twice at the tail end of a verbal disagreement outside a bottle store in Koeberg Road, Cape Town.
The incident in December 2020 started with some verbal insults. Cronje objected to somebody who was staring at him, with a "wat kyk jy (what are you looking at)" comment, which escalated to the words: "Jou p**s". One thing led to another and Cronje was stabbed in the head, and then shot in the nose and back.
Gelderbloem added this to his submissions that Cronje was considered aggressive, and this formed the intimidation and threats wing of the alleged enterprise allegations against him.
Cronje, Modack, Zane Kilian, Ricardo Morgan and SGU officer Ashley Tabisher are in court on charges relating to an enterprise allegedly involved in the murder of Kinnear, the attempted murder of William Booth, the intimidation and extortion of Booth's client Samier Vallie, and a thwarted hand grenade attack outside Kinnear's home. Kinnear was investigating a complex firearms case when he was assassinated on 18 September 2020.
Double-crossed in own ranks
In the meantime, the court heard that Modack allegedly uses countless civil claims against the police to try to intimidate them. He allegedly owes hundreds of thousands in costs for two court matters.
He alleges that police have been harassing and intimidating him so much that he had to get an interdict against them to prevent them from arresting him or searching his house.
According to Gelderbloem, he allegedly also tried to bribe a guard for a cellphone and an official for cigarettes.
Gelderbloem submitted that Modack was also being double-crossed by some in his own ranks who said they had paid bribes to key police officers, including Kinnear, but his own people were taking him for a ride and saying they were bribing people but not paying the bribes to the targeted police officers.
He also claimed to have forgotten the PIN on one of the phones that were seized from him when he was arrested.
He alleged that Modack would stop at nothing if he was released, knew who the witnesses against him were, and should not be granted bail.
Modack maintains he is innocent.
The bail application adjourned so that the Muslims in the court, including Modack, could go for Friday prayers.
Security was tight as always, and even the lawyers were searched by rifle-bearing specialists.
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