Alleged underworld kingpin, Nafiz Modack and his co-accused may be granted bail. This comes after the State failed to produce a certificate from the National Director of Public Prosecutions (NDPP), reports IOL.
Modack was among four suspects arrested for the murder of police officer Lt-Col Charl Kinnear, who was shot dead outside his home in Bishop Lavis in September, 2020. Kinnear was said to be investigating Modack’s alleged role in the nightclub security industry.
Modack, Zane Kilian, Jacques Cronje, Ricardo Morgan, Janick Adonis, Amaal Jantjies and police oficer Ashley Tabisher all face a multitude of charges in the Blue Downs Regional Court.
Charges, according to the State, include the following.
- Conspiracy to commit murder
- Attempted murder
- Money laundering
- Illegal cell phone tracking
- Contravening the Prevention of Organised Crime Act (Poca)
Aside from Adonis and Jantjies, all other accused were present at proceedings on Thursday, with all except Morgan formally applying for bail.
The States case against Modack for the alleged murder of Anti Drug Unit detective, Lt-Col Charl Kinnear is reported to be crumbling. This comes after prosecutors said, on the record, that they did not have the certificate from the NDPP to undergo act on charges.
Read also: CCTV footage captures Charl Kinnear’s murder
Advocate Dirk Uys for Modack told the court that with no certificate, his client should not be charged with counts related to Poca. According to Uys, these charged are unauthorised, making Modack – who has been in custody since April – eligible for bail.
The rest of the group’s defence councils jumped on the bail bandwagon following Uys’s submissions.
However, according to State prosecutor advocate Greg Wolmarans, the charge sheet presented before the court was just a draft, meaning that charges can still be removed or added.
Wolmarans continued, saying that there was nothing irregular, inappropriate or prejudicial and that the certificate was still pending authorisation.
According to reports, the magistrate will deliver judgement on all things Poca on June 29.
Picture: Twitter /Athi Mtongana / @Artii_M