Bail denied: Kinnear murder suspect Amaal Jantjies accused of ‘arranging’ five hits on top cop

26 May 2021

A Parow regional court magistrate described Amaal Jantjies, a suspect in the murder of Lieutenant-Colonel Charl Kinnear, as having deep roots in the Cape Town underworld before denying her application for bail on Wednesday, 25 May.

Amaal Jantjies is accused of plotting five hits on Anti-Gang Unit (AGU) senior officer Lieutenant-Colonel Charl Kinnear. Magistrate Richard Sikhwivhilu said that the accused had the ability “to take out witnesses” before the trial began.

“It is a well-known fact that in the Western Cape, gang activities are rife and continue to torment communities in general. The court is of the view that the attack on Kinnear is a direct attack on the proper functioning of the criminal justice system and the Constitution,” Sikhwivhilu said.

Charl Kinnear was assassinated outside his home in Bishop Lavis.
(Photo: Noor Slamdien)

Jantjies’ co-accused, Farek Smith and Janick Adonis, appeared to be emotionless while the ruling was read out.

The charges against the trio included contravention of the Prevention of Organised Crime Act, five counts of conspiracy to commit murder, attempted murder, conspiracy to possess explosives and thus contravening the Explosives Act 26 of 1956, conspiracy to acquire explosives and the illegal possession of a firearm.

The charges emanate from events leading up to the failed hand grenade attack at Kinnear’s home on 23 November 2019. Ten months later, the decorated detective was assassinated outside his house in Bishop Lavis, Cape Town.

Those facing charges for Kinnear’s murder are underworld kingpin Nafiz Modack and former rugby player, Zane Kilian.

The ruling is comprehensive in that it took into account all facts placed before the court, weighed up against the seriousness of the crime and whether it was in the interest of justice to release Jantjies on bail.

Alleged underworld figure Nafiz Modack. (Photo: Leila Dougan)

From evidence presented by the prosecution during the bail hearing and messages between Jantjies and Modack, it appeared that Jantjies had carried out Modack’s instructions in attempts to assassinate Kinnear.

In his ruling, Sikhwivhilu relied heavily on a 56-page affidavit compiled by Warrant Officer Trevor Shaw. In it, Shaw provided compelling reasons why Jantjies should be denied bail and these were incorporated for Wednesday’s ruling.

Dismissing the bail application, Sikhwivhilu said: “The fact that she is familiar with State witnesses, investigation against her is not completed and in view of her connections with the underworld there is likelihood that she will intimidate or threaten witnesses and destroy evidence.”

That Jantjies had been “hell-bent” on seeing through a hit to be carried out on a member of the AGU was reason enough for the court to be concerned. The accused had recruited people to carry out the hit and did not care whether anyone would be killed, the magistrate said.

Jantjies had failed to persuade the court that exceptional circumstances existed to justify her release on bail.

Her personal circumstances, as summarised by Sikhwivhilu, were that Jantjies was a single mother of two, a breadwinner, had no previous convictions and was an asthma sufferer.

But the court found the serious charges far outweighed her personal circumstances.

“The State has a strong case against the accused. There were also the recorded messages played in court and WhatsApp messages between her and Modack,” Sikhwivhilu said.

The court found that Jantjies had ulterior motives when she claimed to have cooperated with the AGU in tracing firearms. However, during her bail hearing, the State presented evidence that she did this so that the AGU could help her boyfriend, Adonis, to be released on bail and for the court to impose a more lenient sentence. Adonis is also facing multiple charges of attempted murder in the Khayelitsha Priority Crimes Court.

“What she claimed to be doing was to assist the AGU to rid the community of crime,” Sikhwivhilu explained.

Another aggravating factor was that Jantjies had influenced AGU Sergeant Ashley Tabisher to pass information to her on intended raids at Modack’s house. Tabisher agreed to a fee of R10,000 and faces a charge of corruption relating to his relationship with Modack.

The magistrate also underlined the damning messages between Jantjies and Modack. In these messages, Jantjies requested her recruits to toss a petrol bomb at Kinnear’s house, arrange a drive-by shooting and lob a hand grenade at the house.

Also of grave concern was a message sent to a “Mr AB”, a State witness, on 15 November 2019 saying, “make the attempt to happen and at 10:47:55”, adding “if he dies it is bonus”.

Another message the magistrate referred to was one sent to a contact saved on Jantjies’ phone as “Yusie” on 5 November 2019 at 00:08:47 which stated, “they must do it and who ever stands there must fall [die]”.

The magistrate underlined that the plot to kill Kinnear should also be viewed against the background of several other attacks against court and law enforcement officers.

These included the murder of regional court magistrate Piet Theron, who was killed in a drive-by shooting at his home in September 2020 in Plumstead; the attack on Cape Town magistrate Marthinus Langenhoven in August 2002 in Kuils River; the murder of advocate Pete Mihalik in October 2018; the assassination of criminal lawyer Vernon Jantjies in December 2019; the assassination of Lieutenant-Colonel André Kay in November 2019’ and Nici Heerschap, who was killed in a hit in Melkbosstrand in July 2019. This hit was allegedly aimed at his son, Hawks investigator Detective Warrant Officer Nico Heerschap, who was investigating Modack at that time.

Sikhwivhilu concluded the charges Jantjies faced were serious and if convicted, she faced long-term imprisonment.

If a court found that the failed attempts on Kinnear were premeditated and that the intended target had been a law enforcement officer, then this constituted “aggravating circumstances” in the imposition of a sentence.

Jantjies intends to plead guilty to all the charges once the trial gets under way. But a trial date looks a distance away.

Jantjies’ and Adonis’ names have been added to the combined indictment of Modack, Kilian, Jacques Cronje, Ricardo Morgan and Tabisher.

The indictment contains 62 charges which include contravention of the Prevention of Organised Crime Act, the murder of Kinnear, conspiracy to commit murder, attempted murder, corruption, money laundering, extortion and contravention of the Electronic Communication and Transactions Act, No 52 of 2002.

On the charges of conspiracy to commit murder relating to the failed attempts on Kinnear, count four reads: “That on or about 16 and 17 November 2019 and at or near [Kinnear’s home in] Bishop Lavis, Modack, Jantjies and Adonis, unlawfully and intentionally conspired with Mr AB, a State witness, to murder Charl Kinnear.”

Counts five to eight refer to other people Jantjies allegedly asked to kill Kinnear and the charges are phrased in the same fashion.

The attempted murder of Kinnear in count nine reads: “That Modack, Jantjies, Adonis and Smith on or about 22 and 23 November 2019 and at or near [Kinnear’s home], Bishop Lavis unlawfully and intentionally attempted to kill Kinnear by approaching the house to throw a hand grenade at them.”

Modack, Kilian, Tabisher, Jacques Cronje and Ricardo Morgan are back in the Blue Downs Regional Court on Friday, 28 May. Modack, with Tabisher and Cronje, is set to apply for bail. Jantjies is back in the Parow Regional Court on Monday, 28 June. DM/MC

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