Modack says evidence against him is ‘hearsay’
Evidence gathered by a Hawks investigator against alleged underworld figure and murder accused Nafiz Modack is said to contain speculation, hearsay and inadmissible evidence.
This was the crux of Modack’s latest application, filed in the Blue Downs Regional Court by his legal counsel Danie Dörfling, who queried the affidavit of Warrant Officer Trevor Shaw, and its attachments, including SMS and WhatsApp messages, and voice recordings.
Shaw’s affidavit and the attachments were successfully used in the Parow Regional Court to deny bail to Amaal Jantjies, reports the Daily Maverick.
The affidavit sketches an alleged corrupt relationship between Modack, Jantjies and her co-accused Janick Adonis. In his affidavit, Shaw argued the recordings and messages were purportedly used in five attempts to murder Anti-Gang Unit section head Lieutenant-Colonel Charl Kinnear in November 2019.
It is the state’s contention that this evidence shows that Modack conspired with Jantjies and that he is the mastermind behind the attacks.
Modack, with co-accused Zane Kilian, is accused of murdering Kinnear in September 2020.
Evidence heard in court alleged that Kilian played a pivotal role in the plot by tracking Kinnear’s cellphone on 2 408 occasions and that a company linked to Modack paid Kilian R100 000.
The two are also alleged to be the main conspirators in an attempt on the life of lawyer William Booth.
The pair, with co-accused Jacques Cronje, Ricardo Morgan – out on R50 000 bail – AGU Sergeant Ashley Tabisher, Jantjies and Adonis, face an array of charges which include contravention of the Prevention of Organised Crime Act, conspiracy to commit murder, kidnapping, money laundering, fraud, and contravening the Electronic Communications Act.
The DM report says Dörfling argued that Modack wants the court to declare inadmissible and to disregard specified and itemised portions of the information placed before it by the state in opposition to his bail application.
Modack’s affidavit states: ‘If the hearsay evidence is admitted as evidential material in the application, it may have serious consequences for him in that it will be utilised in support of an argument that the state has a strong case against the applicant.’
Dörfling also lambasted the affidavits handed in by Colonel Eddie Clark, Hawks Detective Captain Pieter Joubert and Hawks Captain Edward du Plessis – part of the national team probing Kinnear’s murder.
The state will peruse the affidavit and present arguments on 15 October when Modack, Kilian, Morgan, Cronje and Tabisher are due to return to court.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.