Nafiz Modack's bail application postponed again

Modack appeared alongside his murder co-accused Zane Killian, with cops in tactical gear and armed with assault rifles stationed inside the courtroom

28 May 2021 - 17:23 By aron hyman
Nafiz Modack and his bodyguards outside the Cape Town regional court during a previous court appearance. File photo.
Nafiz Modack and his bodyguards outside the Cape Town regional court during a previous court appearance. File photo.
Image: Esa Alexander

The case against the so-called “Nafiz Modack Enterprise” — an alleged criminal organisation led by alleged underworld boss Nafiz Modack and accused of orchestrating the hit against anti-gang unit detective commander Lt-Col Charl Kinnear — was postponed in the Blue Downs magistrate's court on Friday.

The postponement came after an interlocutory application was made, as the defence counsel requested to see just about the entire police docket.

Modack appeared in court alongside his murder co-accused Zane Killian, with police officers in tactical gear and armed with assault rifles stationed inside the courtroom, as well as numerous personal protection officers in plain clothes — tasked with protecting investigators and prosecutors — filling the court benches.

Appearing alongside them on charges relating to the aiding of Modack's alleged organisation were:

  • his right-hand man and enforcer Jacques Cronje, who faces extortion, kidnapping and intimidation charges;
  • Ricardo Morgan, who faces money laundering charges and is out on bail; and
  • anti-gang unit sergeant Ashley Tabisher, who Modack allegedly corrupted in exchange for sensitive police information.

The defence counsel, apart from Tabisher and Morgan's counsel, complained again in court that they did not have enough information about the state's case to be able to adequately prepare for a bail application.

Advocate Dirk Uys told the court that though, according to the law, it was up to the discretion of the state prosecutor how much information they would be handing to the defence, an interlocutory application could see the state being compelled to release as much information as was necessary for the defence to prepare for their case.

However, Uys admitted that the state might want to withhold as much information as it could to protect its witnesses.

The state prosecutor in the case said the information being requested from the defence could go into police techniques and information about witnesses, and more charges were possibly going to be added.

“It amounts to disclosure of just about the whole docket,” said the prosecutor.

The accused, apart from Morgan, will remain in custody until June 9, which could see the start of a lengthy interlocutory application — even before a bail application is heard.

Tabisher's lawyer Bruce Hendricks, however, asked that his client's bail application be heard as soon as possible as his charges related to only a small portion of the state's case against Modack.

Magistrate Deon van der Spuy said he did not see a problem with Hendricks' request, and a separate bail application might be heard on the next date for Tabisher.

TimesLIVE


subscribe