Modack wants new judge in tax matter
Alleged underworld kingpin Nafiz Modack is pushing for the recusal of Judge Mark Sher, who is expected to preside over his tax matter trial.
A Cape Argus says Sher had already dealt with a previous bail appeal in the Western Cape High Court.
Advocate Bash Sibda – representing Modack in the trial following his arrest by the Hawks in 2020 on charges of defrauding SARS out of R46m with other co-accused – told the court yesterday that for his client to have a fair trial, Sher would need to step down from the matter.
The recusal application highlights that Sher had previously presided over Modack’s bail application in March 2023 in the case in which he stands accused of murdering top cop Lieutenant-Colonel Charl Kinnear.
According to the court documents, Sher’s judgment states: ‘In my view… Modack is… a danger to society and need to be kept inside a correctional facility, pending the outcome of their trials.’
Sibda said: ‘The thrust of my argument is only on the perception. The reason for the possible apprehension of the public is not something that they conjured up; it rests firmly on the very objective reality of the findings of the bail application (appeal.)’
Sher agreed that it is the right and proper thing to do to ensure Modack does have a fair trial.
The state said it would consider its position and a finding on the recusal would be delivered next month. The report notes the trial is set to start on 28 July 2025.
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.
