‘I’m not a gang boss’, Nafiz Modack tells court on day 2 of murder trial

30 January 2024 - 13:29 By Kim Swartz
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Nafiz Modack, wearing a black jacket, in the dock at the high court in Cape Town.
Nafiz Modack, wearing a black jacket, in the dock at the high court in Cape Town.
Image: Kim Swartz

A key figure allegedly implicated in the assassination of top police detective Charl Kinnear told the Cape Town high court on Tuesday he was “not a gang boss”.

Alleged underworld boss Nafiz Modack, former rugby player Zane Kilian and 13 co-accused appeared in the dock on day 2 of the high-profile murder and racketeering trial in Cape Town.

They face a string of charges, including being part of an alleged “enterprise” run by Modack, unlawful interception of communications, murder, attempted murder, intimidation and kidnapping.

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.

The trial started on Monday with a strong police presence at court despite Modack, 41, not yet having a legal representative. He had initially insisted on choosing his own legal representatives paid for by Legal Aid South Africa.

Judge Robert Henney, however, said he could not choose his own lawyers under Legal Aid.

“The court cannot and will not entertain this,” said Henney, who ruled that pleas go ahead while lawyers were being arranged. He advised the unrepresented accused to plead not guilty or remain silent when the charges were put to them.

“I did not kill anybody. I want to prove my innocence,” said Modack. 

Killian said he wanted the trial to start after being held in custody for three years. 

The other accused are Modack’s brother Yaaseen Modack, former police anti-gang unit member Ashley Tabisher, Ziyaad Poole, Moegamat Toufeek Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Jacques Cronje, Petrus Visser, Janick Adonis, Amaal Jantjies, Mogamat Adiel Mukudam and Ricardo Morgan.

The entering of pleas was set to continue on Tuesday when Henney asked security personnel to remove their firearms from court.

“I'm not a gang boss,” Modack said in response to allegations that he contributed towards a pattern of criminal gang activity.

Kinnear's widow Nicolette was not in court on Tuesday morning after injuring herself in a fall the day before.

The trial continues.

TimesLIVE


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