The investigating officer in the case involving controversial businessman Nafiz Modack and four others at the Cape Town Magistrate's Court faced a grilling when the accused's bail application resumed yesterday.
New evidence was brought before court during the cross-examination of the investigating officer, Colonel Charl Kinnear, in the ongoing bail application of Modack, along with the brother of alleged 26s gang boss Jerome “Donkie” Booysen, Colin Booysen, Ashley Fields, Jacques Cronje and Carl Lakay.
They were all arrested last month on charges of extortion and intimidation.
Modack’s lawyer, Edwin Grobler, was given the go-ahead by magistrate Joe Magele on a provisional basis to submit voice recordings.
“These recordings were on November 7 or 8, 2017, which contents would result in the State's case falling into a heap of ashes.
"I will submit them with an affidavit at a later stage, but now I need the witnesses' opinion following his hearing of the recordings,” he said.
Kinnear had testified that the accused had extorted R90 000 from the Grand Africa Café & Beach restaurant near the Waterfront on one occasion and violently demanded protection fees from several nightclubs.
About 20 restaurants were invoiced by the security company, linked to the five accused, who were now following the case's progress as they feared retaliation if they did submit affidavits, according to Kinnear.
State prosecutor Esna Erasmus said seven further extortion charges would be added to the one already faced by the five accused.
Parts of the voice recordings were unclear, which Grobler read out as the transcripts of the two conversations between Modack and two members of management from the Grand Africa Café & Beach restaurant, submitted as occurring prior to Kinnear’s interview with the complainant in the initial case.
Asked by Modack if he had threatened, extorted or otherwise victimised them, both could be heard denying this in the recordings.
Kinnear agreed the recordings contradicted the statement made to him, but said that in his opinion Modack was making statements not questioning the parties he was addressing, who were following his lead.
“Accused one (Modack) had been informed by a source within the SAPS that a
R20 million hit had been placed on his head. If (businessman) Mark Lifman had put out a hit on someone, surely it would result in this person surrounding himself with protection,” Grobler said.
Cross-examination is set to continue today.