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"contents": "<span style=\"font-weight: 400;\">Modack and his brother Yaseen appeared before Judge Henney on Friday, where Henney reiterated Modack’s right to a lawyer. He ordered that legal aid for Modack be quickly finalised so the trial can proceed. </span>\r\n\r\n<span style=\"font-weight: 400;\">The decision to supply a lawyer is currently being considered by the national Legal Aid board.</span>\r\n\r\n<span style=\"font-weight: 400;\">Henney told the Legal Aid manager Russell Cloete that Modack is entitled to legal aid and that the “National Legal Aid board should carry out the decision I made in this respect”.</span>\r\n\r\n<span style=\"font-weight: 400;\">“Any other issues that the legal aid board wants to investigate or information they want from Modack, should be done separately.”</span>\r\n\r\n<p><img loading=\"lazy\" class=\"wp-image-1783771 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/07/Caryn-Ex-cops-death-threats-4.jpg\" alt=\"Ex-cops face death threats Kinnear\" width=\"2291\" height=\"1339\" /> <em>Charl Kinnear was assassinated outside his home in Bishop Lavis, Cape Town. </em><em>(Photo: Noor Slamdien)</em></p>\r\n\r\n<span style=\"font-weight: 400;\">Modack and 14 co-accused are collectively </span><a href=\"https://www.dailymaverick.co.za/article/2024-02-01-cops-killed-kinnear-and-i-have-proof-nafiz-modack-tells-high-court/\"><span style=\"font-weight: 400;\">facing 124 criminal charges</span></a><span style=\"font-weight: 400;\"> in the trial, which include murders, attempted killings, corruption, gangsterism and communication interception.</span>\r\n\r\n<span style=\"font-weight: 400;\">Modack and Kilian </span><a href=\"https://www.dailymaverick.co.za/article/2021-10-01-nafiz-modack-paid-murder-accused-zane-kilian-almost-r100000-state-alleges/\"><span style=\"font-weight: 400;\">are the main accused</span></a><span style=\"font-weight: 400;\"> in the killing of Kinnear on 18 September 2020. They have also been charged with attempting to murder criminal lawyer William Booth on 9 April 2020. Main accused Nafiz Modack requested that the state should provide him with an annexure of the whole pinging list on Monday. </span>\r\n\r\n<b>Read more in Daily Maverick</b><span style=\"font-weight: 400;\">: </span><a href=\"https://www.dailymaverick.co.za/article/2024-02-01-cops-killed-kinnear-and-i-have-proof-nafiz-modack-tells-high-court/\"><span style=\"font-weight: 400;\">‘Cops killed Kinnear and I have proof’, Nafiz Modack tells high court</span></a>\r\n\r\n<span style=\"font-weight: 400;\">It was alleged in the list of pingings that Modack and the co-accused unlawfully intercepted the mobile devices of, among others, Kinnear, alleged 28s gang boss Ralph Stanfield, as well as of </span><a href=\"https://www.capetown.gov.za/mayoral-committee-members/safety-and-security\"><span style=\"font-weight: 400;\">City of Cape Town safety and security mayoral committee member JP Smith</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"wp-image-2057197 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/02/ED_487701.jpg\" alt=\"\" width=\"1860\" height=\"1057\" /> <em>Nafiz Modack appears at the Western Cape High Court on 1 February 2024 in Cape Town. The accused face various charges under the Prevention of Organised Crime Act, including the assassination of crime investigator Charl Kinnear in September 2020. (Photo: Gallo Images / Die Burger / Jaco Marais)</em></p>\r\n\r\n<b>Legal aid woes </b>\r\n\r\n<span style=\"font-weight: 400;\">Cloete, while addressing the court, confirmed that the legal representations of the other accused — which include murder c0-accused Zane Kilian, Fagmeed Kelly and Jacques Cronje — have been sorted out.</span>\r\n\r\n<span style=\"font-weight: 400;\"> “The only outstanding issue is that of Nafiz Modack. The Legal Board requested additional information from Modack on Tuesday, 14 February and we have received a response from him.” The matter is being assessed before the national board, who will take a decision about whether it is sufficient.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"wp-image-1677810 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/05/vince-modack-friday-pretrial-05.jpg\" alt=\"\" width=\"4000\" height=\"2667\" /> <em>Nafiz Modack’s mother Ruwaida, passes her son Yaseen after appearing at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)</em></p>\r\n\r\n<span style=\"font-weight: 400;\">He told the court that there was a meeting on Friday morning, saying that “discussions took place and I’m not privy to what was said or decided at this stage”.</span>\r\n\r\n<span style=\"font-weight: 400;\">But Henney underlined the order he gave — that Modack is entitled to legal aid still stands — and the legal aid board should come up with reasons why they want to withdraw legal representations made to him.</span>\r\n\r\n<span style=\"font-weight: 400;\">The judge also noted a possibility in the way forward is to have a separation of trial, where the court can make a ruling that Modack be tried separately from the rest.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"wp-image-2057195 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/02/0000274033.jpg\" alt=\"\" width=\"1759\" height=\"1065\" /> <em>Judges David Willie, Mustak Parker and Robert Henney arrive for the private memorial service of slain lawyer advocate Pete Mihalik on 12 November 2018 in Cape Town. Mihalik, 50, was shot and killed while dropping his kids outside Reddam House Atlantic Seaboard School in Green Point. He was remembered in a private memorial service held at the Centre for the Book. (Photo: Gallo Images / Netwerk24 / Jaco Marais)</em></p>\r\n<h4><strong>Representation terminated</strong></h4>\r\n<span style=\"font-weight: 400;\">Advocate Guma, who formerly represented the </span><a href=\"https://www.dailymaverick.co.za/article/2023-10-12-i-want-to-empty-a-gun-in-his-head-chilling-affidavit-about-alleged-28s-gang-boss-ralph-stanfields-plans/\"><span style=\"font-weight: 400;\">alleged 28 gang boss Ralph Stanfield</span></a><span style=\"font-weight: 400;\">, confirmed his termination from representing Yaseen Modack.</span>\r\n\r\n<span style=\"font-weight: 400;\">He told judge Henney that a new legal team has been appointed for Yaseen, and that there has already been a handover consultation of documents with the newly appointed team for the accused to start his plea on Monday. </span>\r\n\r\n<p><img loading=\"lazy\" class=\"wp-image-1677811 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/05/vince-modack-friday-pretrial-06.jpg\" alt=\"\" width=\"4000\" height=\"2667\" /> <em>Nafiz Modack appeared with 14 co-accused at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)</em></p>\r\n\r\n<span style=\"font-weight: 400;\">Yaseen confirmed to Judge Henney that he had a consultation on Wednesday with his new legal team, and that he has sufficient funds to pay legal aid to continue throughout the trial.</span>\r\n\r\n<span style=\"font-weight: 400;\">The trial resulting from cop Charl Kinnear’s September 2020 assassination outside his Cape Town home continues, with </span><span style=\"font-weight: 400;\">Modack and 14 co-accused expected to be back in the dock on Monday, 19 February. It would also be anticipated that Modack will have a legal aid lawyer to represent him. </span><b>DM</b>",
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"description": "<span style=\"font-weight: 400;\">Modack and his brother Yaseen appeared before Judge Henney on Friday, where Henney reiterated Modack’s right to a lawyer. He ordered that legal aid for Modack be quickly finalised so the trial can proceed. </span>\r\n\r\n<span style=\"font-weight: 400;\">The decision to supply a lawyer is currently being considered by the national Legal Aid board.</span>\r\n\r\n<span style=\"font-weight: 400;\">Henney told the Legal Aid manager Russell Cloete that Modack is entitled to legal aid and that the “National Legal Aid board should carry out the decision I made in this respect”.</span>\r\n\r\n<span style=\"font-weight: 400;\">“Any other issues that the legal aid board wants to investigate or information they want from Modack, should be done separately.”</span>\r\n\r\n[caption id=\"attachment_1783771\" align=\"alignnone\" width=\"2291\"]<img class=\"wp-image-1783771 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/07/Caryn-Ex-cops-death-threats-4.jpg\" alt=\"Ex-cops face death threats Kinnear\" width=\"2291\" height=\"1339\" /> <em>Charl Kinnear was assassinated outside his home in Bishop Lavis, Cape Town. </em><em>(Photo: Noor Slamdien)</em>[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Modack and 14 co-accused are collectively </span><a href=\"https://www.dailymaverick.co.za/article/2024-02-01-cops-killed-kinnear-and-i-have-proof-nafiz-modack-tells-high-court/\"><span style=\"font-weight: 400;\">facing 124 criminal charges</span></a><span style=\"font-weight: 400;\"> in the trial, which include murders, attempted killings, corruption, gangsterism and communication interception.</span>\r\n\r\n<span style=\"font-weight: 400;\">Modack and Kilian </span><a href=\"https://www.dailymaverick.co.za/article/2021-10-01-nafiz-modack-paid-murder-accused-zane-kilian-almost-r100000-state-alleges/\"><span style=\"font-weight: 400;\">are the main accused</span></a><span style=\"font-weight: 400;\"> in the killing of Kinnear on 18 September 2020. They have also been charged with attempting to murder criminal lawyer William Booth on 9 April 2020. Main accused Nafiz Modack requested that the state should provide him with an annexure of the whole pinging list on Monday. </span>\r\n\r\n<b>Read more in Daily Maverick</b><span style=\"font-weight: 400;\">: </span><a href=\"https://www.dailymaverick.co.za/article/2024-02-01-cops-killed-kinnear-and-i-have-proof-nafiz-modack-tells-high-court/\"><span style=\"font-weight: 400;\">‘Cops killed Kinnear and I have proof’, Nafiz Modack tells high court</span></a>\r\n\r\n<span style=\"font-weight: 400;\">It was alleged in the list of pingings that Modack and the co-accused unlawfully intercepted the mobile devices of, among others, Kinnear, alleged 28s gang boss Ralph Stanfield, as well as of </span><a href=\"https://www.capetown.gov.za/mayoral-committee-members/safety-and-security\"><span style=\"font-weight: 400;\">City of Cape Town safety and security mayoral committee member JP Smith</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n[caption id=\"attachment_2057197\" align=\"alignnone\" width=\"1860\"]<img class=\"wp-image-2057197 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/02/ED_487701.jpg\" alt=\"\" width=\"1860\" height=\"1057\" /> <em>Nafiz Modack appears at the Western Cape High Court on 1 February 2024 in Cape Town. The accused face various charges under the Prevention of Organised Crime Act, including the assassination of crime investigator Charl Kinnear in September 2020. (Photo: Gallo Images / Die Burger / Jaco Marais)</em>[/caption]\r\n\r\n<b>Legal aid woes </b>\r\n\r\n<span style=\"font-weight: 400;\">Cloete, while addressing the court, confirmed that the legal representations of the other accused — which include murder c0-accused Zane Kilian, Fagmeed Kelly and Jacques Cronje — have been sorted out.</span>\r\n\r\n<span style=\"font-weight: 400;\"> “The only outstanding issue is that of Nafiz Modack. The Legal Board requested additional information from Modack on Tuesday, 14 February and we have received a response from him.” The matter is being assessed before the national board, who will take a decision about whether it is sufficient.</span>\r\n\r\n[caption id=\"attachment_1677810\" align=\"alignnone\" width=\"4000\"]<img class=\"wp-image-1677810 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/05/vince-modack-friday-pretrial-05.jpg\" alt=\"\" width=\"4000\" height=\"2667\" /> <em>Nafiz Modack’s mother Ruwaida, passes her son Yaseen after appearing at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)</em>[/caption]\r\n\r\n<span style=\"font-weight: 400;\">He told the court that there was a meeting on Friday morning, saying that “discussions took place and I’m not privy to what was said or decided at this stage”.</span>\r\n\r\n<span style=\"font-weight: 400;\">But Henney underlined the order he gave — that Modack is entitled to legal aid still stands — and the legal aid board should come up with reasons why they want to withdraw legal representations made to him.</span>\r\n\r\n<span style=\"font-weight: 400;\">The judge also noted a possibility in the way forward is to have a separation of trial, where the court can make a ruling that Modack be tried separately from the rest.</span>\r\n\r\n[caption id=\"attachment_2057195\" align=\"alignnone\" width=\"1759\"]<img class=\"wp-image-2057195 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/02/0000274033.jpg\" alt=\"\" width=\"1759\" height=\"1065\" /> <em>Judges David Willie, Mustak Parker and Robert Henney arrive for the private memorial service of slain lawyer advocate Pete Mihalik on 12 November 2018 in Cape Town. Mihalik, 50, was shot and killed while dropping his kids outside Reddam House Atlantic Seaboard School in Green Point. He was remembered in a private memorial service held at the Centre for the Book. (Photo: Gallo Images / Netwerk24 / Jaco Marais)</em>[/caption]\r\n<h4><strong>Representation terminated</strong></h4>\r\n<span style=\"font-weight: 400;\">Advocate Guma, who formerly represented the </span><a href=\"https://www.dailymaverick.co.za/article/2023-10-12-i-want-to-empty-a-gun-in-his-head-chilling-affidavit-about-alleged-28s-gang-boss-ralph-stanfields-plans/\"><span style=\"font-weight: 400;\">alleged 28 gang boss Ralph Stanfield</span></a><span style=\"font-weight: 400;\">, confirmed his termination from representing Yaseen Modack.</span>\r\n\r\n<span style=\"font-weight: 400;\">He told judge Henney that a new legal team has been appointed for Yaseen, and that there has already been a handover consultation of documents with the newly appointed team for the accused to start his plea on Monday. </span>\r\n\r\n[caption id=\"attachment_1677811\" align=\"alignnone\" width=\"4000\"]<img class=\"wp-image-1677811 size-full\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/05/vince-modack-friday-pretrial-06.jpg\" alt=\"\" width=\"4000\" height=\"2667\" /> <em>Nafiz Modack appeared with 14 co-accused at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)</em>[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Yaseen confirmed to Judge Henney that he had a consultation on Wednesday with his new legal team, and that he has sufficient funds to pay legal aid to continue throughout the trial.</span>\r\n\r\n<span style=\"font-weight: 400;\">The trial resulting from cop Charl Kinnear’s September 2020 assassination outside his Cape Town home continues, with </span><span style=\"font-weight: 400;\">Modack and 14 co-accused expected to be back in the dock on Monday, 19 February. It would also be anticipated that Modack will have a legal aid lawyer to represent him. </span><b>DM</b>",
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"summary": "Western Cape High Court Judge Robert Henney has asked the Legal Aid board to finalise his decision to appoint a lawyer to represent alleged underworld figure Nafiz Modack in the murder trial of Anti-Gang Unit Lieutenant-Colonel Charl Kinnear. Modack is the only one of the 15 accused who has not been represented by a lawyer since the trial began on 29 January 2024.\r\n",
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"search_title": "Court orders legal aid for Modack in underworld murder trial",
"search_description": "<span style=\"font-weight: 400;\">Modack and his brother Yaseen appeared before Judge Henney on Friday, where Henney reiterated Modack’s right to a lawyer. He ordered that legal aid for Modack be quickl",
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"social_description": "<span style=\"font-weight: 400;\">Modack and his brother Yaseen appeared before Judge Henney on Friday, where Henney reiterated Modack’s right to a lawyer. He ordered that legal aid for Modack be quickl",
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Charl Kinnear was assassinated outside his home in Bishop Lavis, Cape Town. (Photo: Noor Slamdien)
Nafiz Modack appears at the Western Cape High Court on 1 February 2024 in Cape Town. The accused face various charges under the Prevention of Organised Crime Act, including the assassination of crime investigator Charl Kinnear in September 2020. (Photo: Gallo Images / Die Burger / Jaco Marais)
Nafiz Modack’s mother Ruwaida, passes her son Yaseen after appearing at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)
Judges David Willie, Mustak Parker and Robert Henney arrive for the private memorial service of slain lawyer advocate Pete Mihalik on 12 November 2018 in Cape Town. Mihalik, 50, was shot and killed while dropping his kids outside Reddam House Atlantic Seaboard School in Green Point. He was remembered in a private memorial service held at the Centre for the Book. (Photo: Gallo Images / Netwerk24 / Jaco Marais)
Nafiz Modack appeared with 14 co-accused at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)