Murder still the case

ALLEGED underworld kingpin and murder accused, Nafiz Modack, was dealt a blow at the Western Cape High Court yesterday as Judge Robert Henney ruled he would not be acquitted of the murder of Lieutenant-Colonel Charl Kinnear.

Modack, along with 14 others, returned to the dock on Monday as Henney read out his judgment amid the mammoth underworld trial centred on the murder of Kinnear.

The popular detective was gunned down outside his Bishop Lavis home in September 2020 amid extensive investigations into the alleged activities of Modack and others.

After an entire year, the State finally closed its case late last year and in January defense teams and state prosecutors went head-to-head in the 174 applications.

Modack’s Legal Aid representative, Advocate Bash Sibda claimed Modack should be acquitted of Kinnear’s murder saying there was no proof that the pinging of Kinnear’s phone led to his murder.

In an extensive response State prosecutor, Advocate Greg Wolmarans told the court that the tracking of attorney William Booth and Kinnear needed to be considered before a decision could be made.

Henney ruled that concessions made by the State during the 174 applications would be granted.

Addressing the court on the remainder of the applications by Modack and the rest of the accused, the Judge told the court that most legal representatives had sought to address the credibility of State witnesses, saying this was a misapplication of the law.

“The applications are dismissed,’ Henney said.

The defence teams will now start to present their evidence with many of the accused, including Modack, expected to take the stand.

Meanwhile, focusing on the murder of a bouncer at Cubana nightclub in Green Point. Henney told the court that the evidence presented during the trial did not show that Modack’s alleged henchmen and co-accused, Jacques Cronje and Petrus Visser, had in fact committed murder.

During the horrific stabbing bouncer Pitshou Falanga Ngwalo died while his colleague survived being stabbed.

According to the State’s case Modack along with Cronje and Visser are faced charges of public violence, assault, attempted murder and murder for the brawl on 3 December 2017.

In his ruling on the 174 applications Henney ruled that the duo be found not guilty on the murder and attempted murder charges.