High Stakes in Court: Underworld Figure Nafiz Modack Seeks Dismissal of Kinnear Murder Charges

On Monday, 2 December, the Western Cape High Court buzzed with tension as Nafiz Modack, an alleged prominent figure in South Africa's criminal underworld, alongside 14 co-accused, submitted an application for dismissal of all charges linked to the assassination of Anti-Gang Unit Lieutenant Colonel Charl Kinnear. This move came shortly after prosecutors concluded their case, sparking significant debate around evidentiary sufficiency.

The court, under the guidance of Judge Robert Henney, encountered initial delays, attributed to pre-hearing discussions in chambers involving state prosecutors and defense lawyers. Although legal arguments on behalf of some accused had been submitted, Modack's own defense, led by advocate Bash Sibda, requested additional time to fortify their case.

Scheduled for 21-23 January 2025, the hearings will allow the defense a platform to challenge the State’s accusations, with a focus on Section 174 of the Criminal Procedure Act. This section could lead to a not guilty verdict if the evidence presented by prosecution is deemed inadequate for conviction.

The charges faced by Modack, and others including Kilian, encompass a daunting list of 124 offenses, ranging from murder, attempted murder, and gang-related activities to money laundering and corruption. Notably, the allegations center particularly on the illegal pinging of Kinnear’s and other significant figures' cellphones, purportedly orchestrating Kinnear’s murder and Booth’s attempted murder through precise location tracking.

This high-profile case has seen more than 40 witnesses testify since January 2024, detailing intricate aspects of the alleged criminal conduct, including substantial financial transactions linked to vehicle laundering through Empire Investment Cars, purportedly used as a front.

Moreover, the complexity of the case deepened with the involvement of various gang affiliations, notably, the Terrible West Siders, with state witness “Mr. A” detailing Modack’s alleged orchestration of a hit gone awry in an incident entailing mistaken identity.

As the court proceedings draw near, the outcome of this case will likely resonate deeply across South Africa’s legal and criminal landscape, scrutinizing the robustness of the state's charges against figures like Modack, and potentially setting a significant precedent for future cases involving alleged underworld activities.