The conduct of cops investigating the case against alleged underworld kingpin, Nafiz Modack, came under scrutiny at the Blue Downs Magistrates’ Court yesterday where it was revealed that the accused were prevented from consulting with their lawyers.
The defence team and state prosecutors went to war during the much-anticipated bail hearing where Modack’s lawyer, Dirk Uys, rekked his bek about instructions given to cops.
Modack returned to court yesterday along with co-accused Zane Kilian, Jacques Cronjé, Ricardo Morgan and Sergeant Ashley Tabisher where after weeks of delays, the state was set to present their case.
The five accused, along with Jannick Adonis and Amaal Jantjies, are charged of being part of the “Nafiz Modack Enterprise” who the state contends is behind the plot to murder AGU detective Lieutenant-Colonel Charl Kinnear and top criminal lawyer William Booth.
As proceedings got under way, Uys rose to his feet and told Magistrate Deon van der Spuy that they were prevented by police from consulting with their clients in the court’s holding cells.
“When we went to the cells this morning, we were told that we were not entitled to consult,” he said.
“That has an unavoidable consequence and it means our rights to consult to access our clients has been violated and tossed aside.
“On enquiring why we were not entitled to meet with our clients, we were told it was an instruction that had come from the prosecutors, and in fact, the name Wolmarans was mentioned.”
But according to the state prosecutor, Greg Wolmarans, this was not true.
He said he received a message from investigating officer Lieutenant-Colonel Eddie Clark that he had told the defence team to take it up with the prosecution.
“There was no such instruction,” Wolmarans says.
“I messaged Colonel Clark and he intimated to me that what he informed them of, where it concerns me, was that this issue must be taken up with me, not that the advocates had given the instruction.
“There have been no discussions between myself and the court orderlies in charge of proceedings.
“I spoke to Captain Dirks who expressed concerns about consultations that all the attorneys are sent down as a unit to the cells with bags in hands.
“Captain Dirks mentioned food items that are handed over and a myriad of safety concerns.”
Van der Spuy ruled that the lawyers should be allowed to consult and the hearing proceeded.
Prosecutor Blaine Lazarus raised the report by Warrant Officer Trevor Shaw of the Hawks which detailed the communication between Jantjies and Modack.
He stated that the reason Kinnear was murdered was because he was investigating Modack at the time of his death.
Uys said this was inadmissible and a belief, not a fact.
The case continues.