The trial of Nafiz Modack and his co-defendants resumed on Monday, delving into the tumultuous events leading to the attempted murder of Cape Town lawyer William Booth. Booth narrowly escaped a shooting on 9 April 2020, believed to be orchestrated by Modack.
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Among the theories presented by the initial witness, identified as Mr A, is that Booth’s representation of Modack’s rival, Donkie Booysen, or an asset manager harassed by an aggrieved investor, may have triggered the attack.
On Monday, a pivotal witness, dubbed Mr C, testified remotely from Dubai to the Western Cape High Court. Clad in a red and white checkered headdress and white robe, Mr C recounted his ordeal.
In 2018, investor Shanil Maharaj urged him to invest R545 000 in a high-risk portfolio. Maharaj later pushed for a shift to an even riskier strategy, resulting in substantial losses. This infuriated Maharaj, who demanded repayment aggressively, even resorting to threats, including one invoking ‘Hell’s Angels.’
The situation escalated further when Mr C was summoned to a meeting at Crystal Towers Hotel in March 2020, ostensibly to meet a new investor. Instead, he encountered Modack’s associate, Jacques Cronje and three intimidating individuals.
Cronje insisted Mr C owed Maharaj R2.5 million, coercing him to sign an acknowledgment of debt under duress. Despite attempts to make the payment, including a late-night ordeal involving his bank, FNB, Mr C found himself in a terrifying predicament, with Cronje menacingly demanding access to his wife and threatening further action.
Eventually, Cronje departed with the understanding that the payment would be settled promptly the next morning.
‘I did not sleep that night,’ testified Mr C, indicating the distress he endured. Seeking legal counsel, Mr C turned to Booth, his attorney. When Mr C informed Cronje of his legal representation, Cronje responded dismissively, suggesting Mr C could meet with the Pope instead and issuing ominous warnings of imminent danger.
Cronje’s messages oscillated between pressing for payment and veering into nonsensical threats, creating an atmosphere of fear and confusion. Despite the ordeal, Mr C eventually opted to make the payment, driven by a desire to end the traumatic situation.
Struggling to execute the payment, Mr C faced further distress as his home became a target of escalating aggression, marked by persistent doorbell ringing and vandalism. With Booth’s assistance, Mr C reported the harrowing ordeal to the authorities, lodging complaints of intimidation, extortion, and kidnapping at the Milnerton police station.
After securing a protection order against Cronje and Maharaj from the Wynberg Magistrates’ Court, Mr C and his family were compelled to seek refuge in a safe house, forced to abandon their belongings due to the escalating threat. Subsequently, Cronje faced legal consequences, being arrested on charges of property damage and intimidation.
Mr C was subjected to further intimidation when he received threats to harm his in-laws if he didn’t withdraw his complaint against Cronje. Despite attempts, Mr C was prevented from withdrawing the complaint by the late Anti-Gang Unit detective, Charl Kinnear.
‘The State intends to pursue this case,’ Mr C affirmed.
During cross-examination, Cronje’s defence attorney, Inger Jansen, acknowledged Cronje’s admission to sending the threatening messages but argued that he didn’t intend to scare Mr C. Jansen contended that Cronje was hired by Maharaj because Mr C had promised repayment, even suggesting he would sell his house, which he failed to do. Cronje claimed his role was to secure a written repayment agreement for Maharaj and to ‘encourage’ Mr C to fulfil his commitment.
When asked if he felt encouraged or intimidated by Cronje, Mr C described it as ‘intimidatory encouragement.’ Despite Cronje’s assertion of being a ‘mediator,’ Mr C sceptically remarked, ‘I doubt Hell’s Angels is a mediating firm.’
Nevertheless, Mr C stated that he had forgiven Cronje, noting that Maharaj had contacted him to express that the ordeal led him to embrace Islam. Additionally, Mr C revealed that the Financial Sector Conduct Authority had informed him of Maharaj’s formal complaint against him.
According to News24, the trial, which includes charges related to the murder of Kinnear, a Hawks policeman’s father, a nightclub employee, and a tow truck driver, continues on Tuesday with all the accused maintaining their innocence.
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Picture: Jaco Marais / Gallo Images