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Junky Funky Kids and gangsterism in focus on day two of Kinnear assassination trial

Junky Funky Kids and gangsterism in focus on day two of Kinnear assassination trial
Nafiz Modack (far left in the dock), Zane Kilian (second left) and the co-accused at the Western Cape High Court in 2023. (Photo: Daily Maverick)
Samane Jnr Marks and Caryn Dolley
By Samane Jnr Marks and Caryn Dolley
30 Jan 2024
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Day two of the trial over police officer Charl Kinnear’s assassination in 2020 saw the accused pleading not guilty to more charges. Focus also turned to gangsterism and the Anti-Gang Unit.

The Anti-Gang Unit (AGU) has already become a focal point in the Charl Kinnear assassination trial, despite court proceedings not yet properly getting off the ground.

It is expected that accusations against and from current and former police officers will surface as the trial progresses.

During the second day of proceedings on Tuesday, 30 January, sections of the indictment against alleged organised crime kingpin Nafiz Modack and his 14 co-accused were referenced.

And internal police issues began to surface.

Kilian Modack Nafiz Modack (left, in the dock), Zane Kilian (second left) and 13 co-accused at the Western Cape High Court in 2023. (Photo: Daily Maverick)



Modack and his co-accused are collectively facing 124 criminal charges, with the main ones relating to the September 2020 assassination of Lieutenant-Colonel Charl Kinnear, a member of the Anti-Gang Unit at the time of his murder.

Kinnear was investigating organised crime suspects, including Modack, as well as fellow South African Police Service (SAPS) members when he was shot outside his Bishop Lavis home in Cape Town.

He should have been under state protection at the time, but was not.

Issues surrounding Kinnear’s assassination have already exposed suspicions of deep-rooted corruption within the SAPS.

Junky Funky Kids gang


On Tuesday, various parts of the indictment were read out by state advocate Adrian Gelderbloem. He appeared alongside two other senior state advocates, Blaine Lazarus and Greg Wolmarans. 

Part of the indictment dealt with a gang, the Junky Funky Kids (JFK), which Judge Robert Henney described as one of the long-standing gang groups.

The indictment alleged that Modack, along with other accused, including former Anti-Gang Unit policeman Ashley Tabisher, who had worked with Kinnear, performed acts that contributed to gangsterism.

This is where JFK fits in.

“[JFK] is a criminal gang whose members are involved in violent crimes including murder, attempted murder, intimidation, corruption, possession of firearms, ammunition and dealing in drugs,” the indictment said.

“The gang is actively operating in Heideveld and Manenberg, within the District of Wynberg.

“[It] has a formal structure with a leader and members and subordinates who participate in their gang activities.”

Members, it said, were identifiable via tattoos saying “JFK”.

Anti-Gang Unit vs gang


While the indictment was being read out, Tabisher, who is representing himself, stood up and told the court that every gang had a leader, and his leader, who he referred to simply as “Lincoln,” was not present for the proceedings.

Tabisher may have been referring to the now-retired AGU boss, Andre Lincoln.

During Tuesday’s proceedings, Tabisher pleaded not guilty to a charge that related to “contributing towards a pattern of criminal gang activity”.

“I plead not guilty… and the reason why is because at the time I was a police officer,” Tabisher explained.

“I don’t belong to the Modack gang. I was under the leadership of Captain Stone. The only gang I belong to is the AGU.”

Judge Henney responded by asking if Tabisher was implying that the AGU was a criminal gang.

Tabisher replied that this was the case and Henney said, “The court will now have to check if the AGU is a criminal gang.”

Not guilty pleas


During Tuesday’s proceedings, Modack and several other accused also pleaded not guilty to contributing to gangsterism.

Read more in Daily Maverick: Modack and co-accused plead not guilty to a murder in big Kinnear case amid tight high court security

Several of the accused pleaded not guilty to other charges, including the attempted murder of Kinnear in November 2019.

Another of the accused, Yaseen Modack (Nafiz Modack’s brother), faced charges including money laundering.

Henney pointed out that the State needed to provide “material facts” about the charge and he told Yaseen’s legal representative to pay attention to charges that lacked proper context.

No lawyer


On Monday, 29 January, when the trial commenced, it emerged that Modack did not yet have a legal representative.

This was also the case on Tuesday.

Modack had asked the state to appoint a pro bono legal aid lawyer for him – but he wanted to choose who represented him. This was denied by the court.

During Tuesday’s proceedings, Modack appeared to want to provide explanations for his pleas.

However, Henney said he would not allow that while Modack had no legal representation.

“This case is… very complex and serious,” Henney said.

He told Modack it would be in his best interest to make informed decisions through a legal representative as it could prevent Modack from inadvertently saying something that could later be used against him.

Ongoing security issues


Earlier during Tuesday’s proceedings, several armed police officers were present in the courtroom.

Henney asked the officers not to display their guns after which the officers moved to station themselves elsewhere.

That’s not the only security issue linked to the case to have come up.

Kinnear himself should have been under the protection of a state security detail at the time of his murder. Investigations were launched into why he was not.

While several police officers, including high-ranking bosses, were found to have failed Kinnear, it appears that none has been held to account.

Read more in Daily Maverick: No one had Kinnear’s back: Ipid calls for criminal charges against superiors and members of WC rogue unit

Earlier this month, Kinnear’s widow, Nicolette Kinnear, told Daily Maverick that police officers had verbally informed her that a SAPS-organised security detail previously assigned to her was set to be withdrawn.

Read more in Daily Maverick: ‘Police are withdrawing my security again, despite imminent murder trial’ — slain cop Charl Kinnear’s widow

On Sunday, 28 January, a day before the trial started, Nicolette said the security detail had been removed.

An online petition was launched in an attempt to have her security detail reinstated. 

The trial continues on Wednesday. DM

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