“I never killed Colonel Kinnear, the police killed him.”
This was the bold statement by alleged underworld kingpin Nafiz Modack in the Western Cape High Court on Thursday, as he denied playing any role in the murder plot relating to slain senior Anti-Gang Unit detective Charl Kinnear.
Nearly three years after he was busted in Century City in a dramatic arrest after being identified as the mastermind in the murder of the top cop, Modack took to the dock yesterday.
Modack, along with former rugby player Zane Killian and several others, faces a slew of charges in the mammoth underworld trial centred on Kinnear’s murder.
According to the State’s case, the group of 15 accused are members of the Nafiz Modack Enterprise that now face more than 100 charges including murder, attempted murder, public violence, racketeering and money laundering, among others.
Kinnear was shot and killed on September 18, 2020, while sitting in his car outside his Bishop Lavis home.
A week after the assassination, pictures of the shooting were shared on social media, raising several questions as the public highlighted the shooter did not match the muscular build of Killian, the first to be arrested.
The pictures, seemingly taken from the CCTV footage, showed a skinny masked man, wearing a red hoodie, pulling the trigger before fleeing the scene.
During court proceedings yesterday, Modack stood in the dock dressed in a black Hugo Boss T-shirt. He appeared confident as he addressed Judge Robert Henney.
Despite an earlier ruling by the judge that he may not offer a plea explanation until he had legal representation in court, Modack said: “I never killed Colonel Kinnear. The police killed him and I have evidence.”
Killian also rose to his feet as he joined Modack in pleading not guilty to the murder charge. He questioned the absence of the shooter, highlighting that the gunman was never arrested by the Hawks.
“Where is the shooter? Because if I understand correctly, in the other murder charges the shooter is clearly identified.”
Modack’s request to provide a plea explanation was denied by Judge Henney, who explained that he had a right to remain silent after pleading to the charge. He explained that nothing would prevent Modack from stating his defence later in the trial as he cautioned the alleged kingpin from speaking without a lawyer present.
At this stage it is not clear if Legal Aid has appointed representation for Modack, Killian and two others.