- Security is expected to be tight for the appearance of Nafiz Modack and his co-accused in two separate matters.
- The one relates to the murder of Charl Kinnear and others, and the second is a VAT fraud case.
- In April, charges were withdrawn against Modack and his co-accused in a firearms licencing case.
Nafiz Modack and a large group of co-accused will pile into the dock for two separate pre-trial appearances in the Western Cape High Court on Friday.
One group of 15 people will appear in the case involving the alleged “Modack Enterprise”, which is implicated in the murders of Anti-Gang Unit (AGU) detective Charl Kinnear; an ex-Hawks policeman’s father, Nicolaas Heerschap; a tow-truck driver, Richard Joseph; and a Cubana Green Point bouncer, Pitshou Falanga.
The accused will include former rugby player Zane Kilian, an ex-AGU cop accused of being on Modack’s payroll, and at least two Cape Town gangs, the Terrible Westsiders from Woodstock, and the Junky Funky Kids from Manenberg and Athlone.
READ | How Nafiz Modack allegedly extracted R46m in false VAT refunds
Expected in the dock are: Modack, Kilian, Ziyaad Poole, Moegamad Toufeek Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Jacques Cronje, Petrus Visser, Janick Adonis, Amaal Jantjies, Ashley Tabisher, Modack’s brother Yaseen, Mogamat Muhakadam, and Ricardo Morgan.
The other pre-trial matter is an alleged VAT refund fraud, in which claims to the SA Revenue Service (SARS) could not be substantiated.
The accused in that case are: Modack, tax practitioner Faried van der Schyff, Modack’s mom Ruwaida, Modack’s brother Yaseen, Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff, and Layla Bedderson.
On Wednesday, 26 April, the State withdrew charges against Modack and a group of accused in an alleged firearms licence racket in Gauteng.
Although Friday’s pre-trial for the Kinnear murder is expected to dwell on the legal representation of some of the accused, who appear to be struggling to retain counsel as preparations drag on, the court may also hear further details of the implications of the Gauteng withdrawal.
The National Prosecuting Authority (NPA) said the case in the Kempton Park Magistrate’s Court was withdrawn because the State’s certificate to prosecute under the Prevention of Organised Crime Act (POCA) was not ready yet.
The POCA certificate allows the State to prosecute an organised crime case, and involves linking everybody together in a criminal enterprise.
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The State obtained its POCA certificate for the Kinnear-related matter last year already, and, regarding the murders and attempted murders, has already obtained some plea agreements, which shed light on some of the planning involved.
Security at the court is expected to be tight, with tactical unit officers usually spread out around the courtroom and the court building, as vans bring in the accused from prisons around the province.
The accused have already appeared in the Bishop Lavis Magistrate’s Court and Blue Downs Regional Court, with some appearing in the Parow Regional Court.
Securing safety at the usually busy Friday morning pre-trials will be complicated by the group of newly-minted lawyers being proudly admitted to the bar, with families and flowers in tow.
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