‘Cops killed Kinnear and I have proof’, Nafiz Modack tells high court

The trial resulting from cop Charl Kinnear’s September 2020 assassination outside his Cape Town home has already taken a dramatic turn on day four of proceedings.

In the run-up to the trial, it has been highly anticipated that several accusations against, and from, current and former South African Police Service (SAPS) members will surface as the trial progresses.

Nafiz Modack (left) and co-accused Zane Kilian appear in the Western Cape High Court in Cape Town during preliminary hearings on 29 January 2024. (Photo: Gallo Images / Die Burger / Jaco Marais

This turned out to be the case on Thursday, 1 February, when Nafiz Modack pleaded not guilty to killing Kinnear and told the court: “The police murdered Kinnear. I have the evidence.”

It is not the first time Modack has effectively claimed police officers are corrupt.

In the trial, he does not yet have legal representation because he wants the State to appoint him lawyers of his choice via the legal aid service, which is not how that system works.

So, when Modack began explaining on Thursday why he was pleading not guilty to Kinnear’s murder, Judge Robert Henney warned him that he needed to exercise caution.

Modack, though, told Henney he was intent on providing a plea explanation.

“I want to take my own advice and provide this court with an explanation,” he said.

But Henney did not allow him to continue, saying Modack should use the time during a break to reflect on his decision.

Nafiz Modack in the Western Cape High Court on 29 January 2024. (Photo: Gallo Images / Die Burger / Jaco Marais)

After the break, when court resumed, Modack seemed to follow what Henney advised and did not provide a further plea explanation.

Sections of the indictment in the case focused on the illegal monitoring of cellphones.

Widespread ‘pinging’

It was alleged that Modack and the co-accused unlawfully intercepted the mobile devices of, among others, Kinnear, alleged 28s gang boss Ralph Stanfield, as well as City of Cape Town safety and security mayoral committee member JP Smith.

Read more in Daily Maverick: Suspected 28s gang boss Ralph Stanfield’s legal woes intensify after attempted murder charge heard in court

This allegedly happened during the period of 6 March to 17 September 2020.

Modack and 14 co-accused are collectively facing 124 criminal charges in the trial.

These link to murders, attempted killings, corruption, gangsterism and communication interception.

The most pivotal charges relate to Kinnear’s assassination.

He was shot outside his Bishop Lavis home in Cape Town on 18 September 2020.

https://www.dailymaverick.co.za/article/2023-09-18-charl-kinnear-killing-3-years-of-controversty-no-accountability/

At the time, Kinnear was investigating several organised crime matters, as well as police colleagues.

Read more in Daily Maverick: Killing Charl Kinnear could collapse critical cop gun corruption cases

Modack was among the suspects he had been investigating.

‘Biased and corrupt’

He has previously taken legal action against SAPS officers, Kinnear included, in the very court in which he is now standing trial.

In May last year, it emerged Modack was unsuccessful in an attempt to have the Western Cape High Court order some cops to stop taking certain action against him — by that point, though, he was already in custody for Kinnear’s murder and other crimes.

The May 2023 judgment in that case detailed some of what Modack alleged against a group of cops who were involved in investigating him.

“Several members of the … SAPS … including high-ranking officers, attached to different units of SAPS, have been harassing [him] whilst he has lawfully been acting as a consultant to certain security businesses, and whilst he has been in lawful possession of firearms,” it stated.

“[Modack] has been liaising and co-operating with other members of SAPS, including high-ranking officers in Cape Town, Johannesburg and the Northern Cape.

“In his interaction with those members of SAPS it has become clear that some of the [cops] are biased, and that others are corrupt.”

Extortion and nightclubs

However, the cops Modack tried to block from taking certain action against him, countered what he claimed.

“Far from being singled out as alleged, [Modack] was, and is, just one of several parties involved in, or suspected to be involved in, the extortion and intimidation of businesses, particularly restaurants, pubs and nightclubs,” the judgment said, outlining the police’s version of events.

“This state of affairs has given rise to a spate of violence, including murders.  [Modack] was also one of thousands of suspects nationwide involved in fraud on a grand scale relating to the unlawful issuing of firearms licences.”

Guns and licences

Kinnear, at the time of his murder, had been involved in investigating fellow police officers in Gauteng – they allegedly created fraudulent firearm licences for suspects.

This matter culminated in arrests.

In June 2020, three months before Kinnear was murdered, the SAPS announced that a group of suspects, including Modack and several serving and former Gauteng cops, were detained in connection with fraudulent firearm licences.

That case was provisionally withdrawn last year.

There has been a high SAPS presence in and outside the court for the Kinnear assassination trial.

Earlier this week Henney asked police officers with firearms, stationed in the courtroom, to move as he was uncomfortable with their presence.

The trial is expected to resume on Monday. DM