High court sinks freedom bid by alleged killers of top cop Charl Kinnear

Slain top detective Charl Kinnear's alleged killers will remain in prison for the duration of their trial after a high court judge dismissed their appeal against being denied bail, saying they are a danger to society.

Alleged underworld boss Nafiz Modack, police officer Ashley Tabisher and “enforcer” Jacques Cronje took the Bluedowns magistrate's court decision to deny them bail on appeal to the high court in Cape Town. Judge Mark Sher rejected the application on Monday, saying they're a danger to society and must be kept inside a correctional facility until trial.

The judge was not convinced Modack had demonstrated exceptional circumstances warranting his release on bail.

“In my view, the circumstances which are set out in the affidavits which were filed by Modack in support of his application for bail do not constitute exceptional circumstances, either individually or collectively, and are no more than the usual, ordinary circumstances which attach to any accused,” Sher said.

“Given the evidence which was put before the magistrate ... their release on bail would jeopardise the function of the criminal justice system and would place the integrity of the bail system in question and bring it into disrepute.”

According to Sher, Tabisher's argument that other corrupt cops had been granted bail was misplaced.

“Corrupt acts involving police officers are extremely serious, strike at the heart of our system of law and order and, if proven at trial, would similarly attract heavy sentence. I am similarly of the view that the interest of justice does not support the release of Tabisher on bail.

“In my view, were he to be released on bail, the public’s respect for the criminal justice system would similarly be brought into disrepute.

“I am also concerned that because of his connections with members of the police force where he is to be released, he might seek to interfere with the investigations or try to obtain information pertaining thereto, for use by himself and Modack.”

The three, charged with Lt-Col Kinnear’s murder, also face more than 3,000 criminal counts alongside 12 other suspects.

National Prosecuting Authority (NPA) regional spokesperson Eric Ntabazalila said most of the 3,121 criminal counts related to “phone pinging” allegedly committed by former rugby player Zane Killian at Modack’s behest.

“Modack has 15 pending matters in other courts committed in Cape Town and various parts of Gauteng. Cronje has seven pending matters comprising 13 charges, mainly of extortion and intimidation as well as assault, in addition to the charges he is facing in the current matter,” said Ntabazalila.

Ntabazalila said the prosecution welcomed the “decision of the court as a step in the right direction to ensure justice for the victims of the crimes”.

Kinnear investigated gang-related crimes and alleged corruption at the central firearms registry. He was gunned down in September 2020 outside his home in Bishop Lavis, Cape Town.

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