Kinnear murder trial — alleged ‘rogue’ policeman to testify in defence of Nafiz Modack

3 Sep 2024

Before he was murdered, Lieutenant Colonel Charl Kinnear claimed Captain Alfred Barker was linked to alleged underworld figure Nafiz Modack. Barker is expected to testify in Modack’s defence in the Kinnear murder case.

According to alleged underworld figure Nafiz Modack’s lawyer, a police captain, who the late Anti-Gang Unit (AGU) Lieutenant Colonel Charl Kinnear named in 2019 as being part of a group of “rogue” policemen, will testify in Modack’s defence in the Kinnear murder trial.

Advocate Bash Sibda told the Western Cape High Court last week that Captain Alfred Barker would testify on Modack’s claim that he was part of an undercover operation to expose Kinnear and the former head of detectives in the Western Cape, Jeremy Vearey, for corruption.

Judge Robert Henney asked Sibda for a statement from Barker. Sibda was unable to meet Barker, so Judge Henny subpoenaed him.

Following a brief appearance before Judge Henney on Thursday, Barker was ordered to give a statement about his knowledge of payments allegedly made to Vearey.

This stems from the fraud charge against Modack. The State contends that Modack used his associate Mohamedaly Hanware to try to foster a corrupt relationship with Vearey.

Modack allegedly wanted Vearey to use his seniority and influence to persuade Kinnear and other members of the AGU to return five firearms they seized at Modack’s home in December 2017.

Modack claims he and Barker were working undercover to expose Vearey and Kinnear and used Hanware as a middleman. The court has, however, heard that Hanware allegedly stole R600,000 that Modack thought he was paying to Vearey.

Modack has neither presented any credible evidence of corruption against Vearey and Kinnear nor offered any proof that he was involved in an undercover operation.

Read more: Nafiz Modack allegedly tried to bribe top cops in his own ‘undercover operation’, court hears

In 2019, the Sunday Times erroneously reported that an audio recording of a conversation purportedly between Hanware and Vearey suggested Vearey had tried to solicit a bribe. The newspaper later apologised and retracted suggestions that the audio included Vearey’s voice.

Sibda has consulted with Barker and will present Barker’s version once the State has dealt with the corruption charges against former AGU Sergeant Ashley Tabisher and co-accused Amaal Jantjies, who allegedly conspired to murder Kinnear on multiple occasions in November 2019.

Modack and Zane Kilian, along with 13 co-accused, collectively face 124 charges including murder, attempted murder, corruption, gangsterism, extortion, the illegal interception of communications, money laundering and contravention of the Prevention of Organised Crime Act.

The other accused are Jacques Cronje, Ziyaad Poole, Moegamat Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Petrus Visser, Janick Adonis, Jantjies, Tabisher, Yaseen Modack, Mogamat Mukudam and Ricardo Morgan.

Modack and Kilian are the primary suspects in the murder of Kinnear on 18 September 2020 in front of his house in Bishop Lavis and the attempted murder of lawyer William Booth on 9 April at his home in Cape Town. Both pleaded not guilty to these charges, as did the co-accused on the other charges.

Captain Barker

Barker was one of six police officers named by Kinnear in a 59-page complaint he made to his superiors that rogue police officers in the Western Cape were working to frame him.

In the complaint, dated December 2019, Kinnear claimed there was a plot against him and some colleagues, including Vearey and national crime intelligence head Lieutenant General Peter Jacobs.

Kinnear blamed the six officers, led by Brigadier Sanjith Hansraj, who, according to a 2019 report from amaBhungane, was attached to the office of Western Cape Crime Intelligence head Major General Mzwandile Tiyo.

In his complaint, Kinnear said two of the officers had claimed to work “under the command” of Tiyo.

In his complaint against the “Tiyo group”, Kinnear singled out Barker, whom he claimed was aligned with Modack. Barker declined to comment for amaBhungane’s 2019 report.

Tiyo was dismissed in August. Chairperson of the parliamentary portfolio committee on police, Ian Cameron, said: “The dismissal of Tiyo is tangible proof that misconduct of any form will not be accepted within the service.

“This is the first step in regaining credibility in the eyes of the community and will assure the people that SAPS will conduct their work ethically and within the code of conduct.”

In June 2022, the Independent Police Investigative Directorate (Ipid) found that four members of a “rogue” police unit in the Western Cape should face departmental charges.

Ipid also found that a “rogue” police unit had indeed existed and “created further animosity amongst leadership, sowing division” in the Western Cape police.

“This may have created a perfect opportunity for underworld syndicates and figures such as Nafiz Modack to infiltrate SAPS to monitor the movement of key role players,” said Ipid.

Read more: Clear and Present Danger: Rogue cop unit could subvert Western Cape police service unless shut down

Tabisher warning statement admissible

Meanwhile, on Monday, a trial within a trial was held to determine the admissibility of Tabisher’s warning statement issued shortly after his arrest in May 2021.

Tabisher, who represented himself, told the court that he worked with the police to complete the warning statement because he was promised bail in exchange.

However, Lieutenant Colonel Andile Mankayi, a member of the national task team investigating Kinnear’s murder who arrested Tabisher, told the court that he never made such a promise. After hearing arguments, Judge Henney dismissed Tabisher’s application, rendering his warning statement admissible.

Tabisher faces charges relating to an alleged corrupt relationship with Modack. The State purports that during November 2019, while Kinnear was investigating Modack, Tabisher allegedly agreed, for a fee of R10,000, to keep Modack informed of raids to be carried out at his home.

The trial continues. DM

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Tabisher warning statement admissible