IN A failed attempt to build a case for murder-accused Zane Kilian’s pending bail application before the Blue Downs Regional Court, an interlocutory application requesting access to State information and evidence was denied at the same court on Monday.
Kilian and his co-accused - alleged underworld figure Nafiz Modack, Jacques Cronje, Ricardo Morgan, and AGU member Ashley Tabisher - appeared on a plethora of criminal charges linking them to the murder of top Charl Kinnear and the attempted murder of advocate William Booth.
Kilian’s defence counsel, Marius Botha, had brought the interlocutory application request for access to more information so he may build his case to be released on bail.
Botha had argued that the charges brought against his client also alleged that he was employed by the “Nafiz Modack Enterprise”.
According to Botha, if the State were alleging that Kilian benefited from the enterprise and had used a money laundering system, they were to show how he was employed and what remuneration he received from such enterprise and what money laundering system was used.
In relation to the pinging of cellphone data, Botha had also in the application requested access to a digital copy of Kilian’s electronic data after three of Kilian’s cellphones were seized during a search and seizure operation, adding that the State already had copies of the data and they were “merely requesting data from his own phones” for their own digital forensic examiner to gather information so that it could corroborate Kilian’s “innocent version”.
Botha further averred the State were selective in the data and evidence brought before court “to support their narrative”.
However, state prosecutor Greg Wolmarans, who after having read into the record an affidavit by the investigating officer Pieter Joubert, argued the State had no obligation “to show its hand”.
According to Joubert’s affidavit, the investigation is at an advanced and critical stage and the analysis of cellphone data was ongoing.
Wolmarans submitted that the premature disclosure of evidence to the defence “could cripple the investigation”.
The matter was postponed for multiple bail applications scheduled over three days on June 24 and 29, and July 1.
Morgan remains out on R50 000 bail.
Kilian’s previous bail application at the Bellville Regional Court was denied and a subsequent bail appeal application was also denied at the Western Cape High Court during May.