Cape Town - Alleged underworld figure Nafiz Modack and three other accused were acquitted on charges of extortion in the Cape Town Regional Court.
The cases against Modack, Colin Booysen, Ashley Fields and Jacques Cronje were withdrawn by magistrate Byron Pedro. This after he found that there was no evidence before the court proving that the accused extorted R90 000 from the Grand Café at the Waterfront in November 2017.
At the time of the alleged incident, Radley Dijkers, Grand Café’s brand manager, was purportedly pressured into paying to make sure there would be no disruption at an event.
The money was allegedly paid to a former co-accused in the matter, Carl Lakay, who was killed in August 2018. He was shot multiple times in his driveway in Goodwood.
It was the State’s case that the extortion was linked to the hostile take-over of security at city restaurants and nightclubs. According to evidence heard by the investigation officer, Charl Kinnear, there was bad blood between Modack and controversial businessman Mark Lifman.
Pedro agreed with lawyers for the accused that the state had too little evidence to prove beyond reasonable doubt that the accused did indeed extort Grand Café.
The acquittal comes after the State has concluded its case.
In January this year lawyers for the accused filed an application asking the Regional Court to dismiss the extortion case against their clients on the basis the State has little prospects of succeeding with its prosecution.
At the time of the request State prosecutor Mervin Menigo was adamant that only Field should be cleared and the charge of extortion against Modack, Booysen and Cronje should continue.
After the judgement, a jubilant Modack returned to The Grand for a celebratory lunch.
Speaking to the Daily Voice, Modack said “this win is for [slain lawyer] Pete Mihalik”.
He was relieved the charges were dropped but is now gearing up to sue the State for wrongful arrest.
“Myself and Colin are going to sue the State and The Grand for R50 million. We are also going to sue those cops. I have instructed my lawyer to start drafting the papers,” he said.
* Additional reporting by Robin-Lee Francke.