Date set for bail hearing in Charl Kinnear attempted murder case

An interlocutory application to extract extra information from the police by Zane Killian, one of the men accused of plotting the murder of Lt-Col Charl Kinnear, was refused by the Blue Downs regional court on Monday.

Killian, appearing alongside his alleged co-conspirator, alleged underworld boss Nafiz Modack, and three others, wanted the state to hand over a digital copy of one of the cellphones police seized from him when they arrested him in connection with the anti-gang unit detective commander’s murder last year.

His defence counsel argued that the information was necessary for his client to discharge the onus on him of proving his eligibility for bail to the court.

The state, however, argued that Killian was on a “fishing expedition” for evidence relating to the eventual trial — in which case his application was premature — or that he was trying to get information to be used in a possible appeal after his bail was denied for the same crime in the Bellville regional court. His appeal against the Bellville regional court decision was also dismissed by the Western Cape High Court.

The state argued that their case was at a very advanced but very sensitive stage and that the work of interviewing witnesses and sifting through information on the seized cellphones of Modack and his co-accused was directing it to more leads.

They argued that any information they divulged about their case at this stage could lead to dire consequences for witnesses and the investigation.

The state prosecutor told the court that a message written on a piece of paper was intercepted after it was handed over by accused number three in the case, Modack’s enforcer Jacques Cronje, to accused number four, Ricardo Morgan, wherein Morgan was allegedly instructed to pay money into Modack’s prison account.

The passing on of the message allegedly took place while the accused were seated in the dock during a previous court appearance last month.

Morgan, who is out on bail, is charged as being part of Modack’s syndicate and is accused of committing fraud and money laundering with regards to extortion-related matters.

The state argued that along with threats against investigators from the Hawks’ national task team sent to investigate Kinnear’s murder, the “covert” communications between the accused is an attempt at undermining the case, and that giving any other information could jeopardise the state further.

The defence appeared frustrated, however — especially the counsel of the seventh accused in the matter, anti-gang unit sergeant Ashley Tabisher.

Tabisher has tried to get a bail date separately from the other accused, but the interlocutory application, and several attempts to get more information about the state’s case, has hampered this from happening.

A formal bail application has now been set down for June 24.

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