READY OR NOT
ALLEGED underworld kingpin Nafiz Modack has one day to get his story straight before taking the stand at the Western Cape High Court, where he is expected to testify in his own defence.
Modack's reluctance to get into the witness box caused a stir in the courtroom on Monday when his Legal Aid lawyer, Advocate Bash Sibda, advised the court that his client needed more time.
Modack along with 14 others are facing a vrag charges in the mammoth underworld trial centred on the murder of slain Anti-Gang Unit detective, Lieutenant-Colonel Charl Kinnear.
The courtroom buzzed with excitement on Monday morning as Modack's co-accused Zane Killian closed his case. This was in anticipation of Modack's appearance in the witness box but proceedings became hamstrung when Sibda told Judge Robert Henney his client was not ready.
Modack requested a week-long postponement to consult with his lawyer, much to the irritation of his co-accused who instructed their legal teams to object to the request - with Amaal Jantjies saying she had spent nearly six years in the mang awaiting trial.
State prosecutor Advocate Greg Wolmarans accused Modack of 'postponing the inevitable', saying Sibda had spent over 60 hours consulting with Modack at Goodwood Prison.
During the arguments, Modack instructed his lawyer to call on the court to separate his case from his co-accused. '
Sibda told the court: “Mr Modack is keen to have it separated.”
He also informed the court that Modack had trouble getting access to evidence he planned to present to the court.
But the State vehemently objected to this, with Wolmarans scolding Modack.
“It is not in the interest of justice to separate this matter. He is here, this is not a cruise ship, this is not the MSC,” he said as chuckles were heard in the courtroom.
Returning to court after the lunch break, Henney ruled that if Modack planned to testify, he better be reg on Wednesday morning.
The judge highlighted all the delays over the recent months, saying the court had bent over backwards to accommodate Modack
Henney said: ‘I am of the view that this is more than enough. This court has bent over backwards.
“The State witnesses were extensively cross-examined and his version and defence have been extensively put before the court.
“I agree with Mr Wolmarans and I don’t know why Mr Modack is acting in this manner.”