Lawyer warned me not to implicate Modack
Former debt collector Zane Kilian yesterday submitted a 20-page affidavit with 218 annexures in the Western Cape High Court that makes sensational claims in support of his latest bail application.
The Cape Argus reports that Kilian has already lost a bail application in the Bellville Magistrate’s Court and a subsequent appeal in the High Court. He and alleged underworld kingpin Nafiz Modack are the main accused in the murder of Anti-Gang Unit Lieutenant-Colonel Charl Kinnear on 18 September 2020.
They have also been charged with attempting to murder lawyer William Booth on 9 April 2020.
Modack, Kilian and 12 other co-accused face more than 3 100 charges in a case which depicts Modack as the leader of a lucrative criminal organisation.
During his first bail application in November 2020, Kilian submitted an affidavit in which he said he intended to plead not guilty to all charges and argued that all that linked him to Kinnear’s murder was that he had ‘pinged’ Kinnear’s cellphone to locate him.
Bail was denied.
Kilian then approached the Western Cape Division of the High Court to appeal against the decision. That application was also dismissed.
The Daily Maverick reports that state prosecutor Greg Wolmarans yesterday told Judge Mark Sher that Kilian’s fresh bail application should include new facts and not be a rehash of previous information already read into the record.
In his affidavit, Kilian testified that immediately after Kinnear’s murder, he received a voice note from Renier van der Vyver, supposedly a close acquaintance of Modack, saying, ‘Kinnear is dead. Christmas came early.’
According to Kilian, this was followed by a phone call from Ziyaad Poole, allegedly Modack’s right-hand man, instructing him to dispose of his cellphones.
‘I did not destroy my cellular phones but handed them over to the SA Police Service two days later, 20 September 2021, when the Hawks came to search my house. It was at that stage that I contacted Modack, who told me to contact attorney Eric Bryer. I had no previous dealings with Bryer, but knew that he was an attorney of Modack,’ Kilian claimed in his affidavit.
The court heard that Kilian then received a message from Bryer which read: ‘Dont (sic) say anything’.
‘Later I had a WhatsApp conversation with Bryer who requested me to cover myself, him/Bryer and Modack. I understood this to mean that I should not implicate Modack in the pinging of Kinnear.'
‘I can recall that at some stage thereafter Bryer informed me via WhatsApp that if I implicate Modack that he/Bryer, myself and my family might as well pick out our coffins,’ Kilian said.
The Cape Argus notes that Kilian also said that along with his father, a retired police officer, they investigated Kinnear’s murder and obtained evidence he would present at trial.
He criticised the police for never releasing a picture of the video footage of the shooter in exchange for a reward, as with the deaths of other officers.
He said while the state was ready to take the matter to trial, police had never arrested the shooter.
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.