Cape Town - Alleged underworld figure Nafiz Modack celebrated a bleak and dark Eid while he stood in the dock with former rugby player Zane Kilian, and car salesperson Ricardo Morgan when they were officially charged with the murder and conspiracy to commit murder of Anti-Gang Unit commander Charl Kinnear.
The trio had allegedly conspired to intercept the cellphones of well-known people like the City’s JP Smith, alleged gang boss Ralph Stanfield, Major-General Jeremy Vearey, Mark Lifman and others.
Outside the Blue Down’s Magistrate’s Court yesterday, Modack’s supporters came bearing gifts, holding bowls of samoosas and koeksisters, hoping he would be freed to celebrate the holy day on the Muslim calendar.
Modack will be fighting one of his biggest fights when his bail application begins on Monday in the Blue Downs Regional Court facing a list of charges which falls under a Schedule 6 offences.
Modack, Kilian, Jacques Cronje, Ricardo Morgan and AGU member Ashley Tabisher were in the dock yesterday amid high police presence, which controlled the access of everyone including their families and court staff.
Modack appeared happy in spirit and managed to hug a relative, Ayesha Modack, with permission from his legal counsel.
Kilian also took the opportunity and hugged his father, showcasing the tattoo on his arm with the word: “Damaged”.
It was the first time that Modack and Kilian stood next to each other in the dock.
Kinnear’s widow, Nicolette and her sons were also present inside court as were the investigating team, headed by Lieutenant-Colonel Eddie Clarke.
Prosecutor Blaine Lazarus informed the court that they had consolidated all the charges into a 52-page document with a total of 63 charges.
Modack and Kilian have been listed as the main accused, one and two respectively.
There are a total of seven accused, with accused five and six – Amaal Jantjies and Janick Adonis – not being present inside court.
Jantjies has a bail application running at the Parow Regional Court while Adonis is a sentenced prisoner and an alleged member of the Junky Funky Kids gang.
Jantjies and Adonis accused by the State of having conspired to kill Kinnear by arranging hit men for a hand grenade attack on him and his family in November 2019.
Kinnear was assassinated outside his home in Bishop Lavis in September last year.
It is the State’s case that Modack and Kilian acted together as an enterprise between October 2019 and September last year, through a pattern of racketeering with activities related to the following charges:
The charges are that of conspiracy to commit murder, attempted murder, interception of data from the cellphone in contravention of the Electronics and Transactions Act, corruption of police officers, conspiracy to possess a firearm, ammunition, conspiracy to acquire explosives, kidnapping, extortion, malicious damage to property, money laundering and murder.
These charges relate to the murders and attempted murder and conspiracy to commit murder of Kinnear, Advocate William Booth and Kinnear’s family and police officials and money-laundering transactions between businessmen.
Two weeks ago, the Directorate for Public Prosecutions retracted a statement where they indicted that Modack was charged with the conspiracy to commit murder of Kinnear but they soon changed it.
According to the hefty document, between counts 35 and 37, Modack and Kilian are charged with the murder and conspiracy commit murder of Kinnear.
The Hawks released a statement after their court appearance yesterday, stating that Morgan was the third accused in the murder.
But this was refuted by the National Prosecuting Authority spokesperson Eric Ntabazalila who said that only Modack and Kilian were charged with the murder.
Modack’s lawyer, Dirk Uys said he would be forced to bring an application if they were not furnished with the summary of the State’s case, to prepare his client for the bail application.
The State later agreed they would provide the summary.
Morgan’s attorney, Advocate Bruce Hendricks read out an affidavit on his behalf for bail while the State did not oppose this.
Morgan stated that he was a car salesperson with two children and had handed himself over to the police on April 30, a day after Modack was arrested in Century View, Century City, during a high-speed car chase.
He added conditions were bad inside prison and that put him at risk for Covid-19.
His affidavit read: “I am also worried that the conditions are extremely unhygienic and that many inmates have been diagnosed with Covid-19 and many suffer symptoms.”
Morgan added via his affidavit that he had a previous conviction of drugs and drunk driving and had cooperated with police who had sought him.
He further stated that he had not been involved in any conspiracy to commit murder with Kinnear or Booth and said he would be pleading not guilty.
He was granted R50 000 bail with strict conditions.
Meanwhile Tabisher, via his lawyer, Hendricks said he was being framed by his own colleagues.
Tabisher is facing corruption charges along with Modack, for allegedly accepting R10 000 to inform the underworld figure when his home was being raided.
“It is the instruction from my client Mr Tabisher, and I place it on record that he is extremely unhappy with how this matter is being handled.
“He said the AGU, Lincoln, even the late Kinnear, would be able to confirm, were aware of what they were busy with.
“The accused wants to place it on record that he will not take the fall for other people,” said Hendricks.
The matter was postponed until May 17 for everyone’s bail application, besides Morgan.
According to the charge sheet, Modack managed the enterprise with accused 2 to 7 under his leadership, utilising the help of the JFK gang.
Modack, Jantjies and Adonis are specifically charged with the conspiracy to commit murder on Kinnear and the attempted murder on his family relating to the failed hand grenade incident and obtaining explosives to carry out the act.
The State is also set to prove that Modack had paid Jantjies R20 000 for Adonis’ bail application at the Cape Town High Court.
The State alleged that Modack and Cronje had committed intimidation when they harm an individual, that he had to admit he did not owe another person R545 000.
The State also alleges that during March last year, Modack and Cronje had damaged property by throwing a brick through a window of a property in Claremont to wound a person who cannot be named.
The State also alleges via its charge sheet that Modack and Kilian had Contravened the Electronic Act by intercepting data from Vearey’s cellphone, alleged Sexy Boys gang boss, Jerome “Donkie” Booysen’s son Joel Booysen, JP Smith, controversial businessman Lifman, security boss Andre Naude and other top police officers.
Lieutenant-Colonel Philani Nkwalase of the Hawks also released a statement about the charge of murder, mentioning Morgan’s name.
“Two of the five accused arrested in connection with an assortment of charges including attempted murder of a prominent lawyer as well as gang related extortion, kidnapping, intimidation in the Milnerton area and corruption were additionally charged for the murder of the top Anti-Gang Unit (AGU) detective, Lieutenant-Colonel Kinnear.
“Nafiz Modack, 39, and Ricardo Morgan, 36, were allegedly linked to the police killing, following the arrest of Zane Kilian.
“This now brings the total of three suspects charged for the murder of Lieutenant Colonel Kinnear who was assassinated outside his home in Bishop Lavis, Cape Town, on 18 September 2020.
“Modack also faces a charge of corruption along with AGU Sergeant Ashley Tabisher for allegedly offering him R10 000 in exchange for information on police operations against him (Modack). They further worked in concert with Amaal Jantjies to infiltrate the AGU, whilst Jantjies was also charged for the failed hand grenade incident.
“The acting National Head of the Directorate for Priority Crime Investigation, Lieutenant General Tebello Mosikili lauded the team for not leaving any stone unturned on the on-going investigation. “ We sincerely hope that the family will find comfort on the additional arrest as this brings us a step nearer to a closure,” the statement read.
Weekend Argus