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Main witness in Heerschap killing and Booth attempted murder case ‘not credible’, defence tells court

Main witness in Heerschap killing and Booth attempted murder case ‘not credible’, defence tells court
Police and forensic investigators at the crime scene where Nicolaas Heerschap was shot and killed by alleged hitmen at Melkbosstrand on 9 July 2019. (Photo: Gallo Images / Network24 / Jaco Marais)
Vincent Cruywagen
By Vincent Cruywagen
22 Jan 2025
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Counsel for the accused facing charges in connection with the murder of Nicolaas Heerschap and the attempt on the life of lawyer William Booth argues that witness ‘Mr A’s’ evidence implicating them is unreliable, not credible, replete with contradictions and to some extent, lies.

Lawyer Inger Jansen applied to the Western Cape High Court to have charges withdrawn against Moegamat Brown, Fagmeed Kelly and Mario Petersen, all alleged members of the Terrible West Siders (TWS) gang, for their alleged role in the murder of Nicolaas Heerschap (74) – the father of Hawks officer Nico Heerschap – in 2019 and the attempt on the life of Cape Town lawyer William Booth in April 2020.

heerschap Nicolaas Heerschap (74) , who was mistakenly murdered after a hit was ordered on his son Nico, a Hawks officer. (Photo: Supplied)



heerschap Police and forensic investigators at the crime scene where Nicolaas Heerschap was shot and killed by alleged hitmen at Melkbosstrand on 9 July 2019. (Photo: Gallo Images / Network24 / Jaco Marais)



Mr A, also a member of the TWS gang, who the judge ruled cannot be named to protect his identity, has admitted to mistakenly killing Nicolaas Heerschap and is serving a 25-year prison sentence for the murder.

Mr A has already testified in the Western Cape High Court that alleged underworld figure Nafiz Modack ordered a hit on Nico Heerschap in July 2019.

In a plea and punishment deal, Mr A mentioned the names of those accused of murdering Heerschap and attempting to kill Booth.

Mr A’s testimony is critical to the State’s contention that Modack allegedly led a criminal organisation known as the “Modack Enterprise” that engaged in racketeering and promoted a pattern of criminal activity that beyond reasonable doubt contravened the Prevention of Organised Crime Act (Poca).

Modack and his 14 co-accused filed a section 174 of the Criminal Procedure Act motion in the Western Cape High Court on 2 December 2024 requesting that all charges against them be dropped. The motion came after the State’s decision in November 2024 to close the case against Modack and his co-accused.

If a trial court determines that there is insufficient evidence to support a conviction, it may render a not-guilty decision after the prosecution has completed its arguments.

Read more: Nafiz Modack wants Kinnear murder charges dropped after prosecutors close their case.

Modack’s trial set the ball rolling in the 174 application arguments that were heard on Tuesday, 21 January. The crux of the arguments is that he denied killing former Anti-Gang Unit (AGU) Lieutenant Colonel Charl Kinnear on 18 September 2020, further stating the only evidence linking him to the murder of Kinnear was the “pinging” of his cellphone.

Modack and debt collector and former rugby player Zane Kilian are the two main accused in Kinnear’s assassination on 18 September 2020. The State contends that they also conspired in a failed attempt to murder lawyer William Booth on 9 April 2020.

Modack and Kilian, with the other accused, are collectively facing 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,  Brown, Riyaat Gesant, Kelly, Petersen, Petrus Visser, Janick Adonis, Amaal Jantjies, former AGU Sergeant Ashley Tabisher, Yaseen Modack, Mogamat Mukudam and Ricardo Morgan.

Poole, Brown, Gesant, Kelly and Petersen are the main accused in the Heerschap murder. 

Modack and his co-accused pleaded not guilty to the charges in January 2024.

Credibility of Mr A’s evidence questioned


In her opening arguments, Jansen, counsel for Brown and Kelly in the Heerschap murder, stated that Colonel Pieter Joubert, of the national Hawks team investigating the Kinnear assassination, testified that he checked the cellphones of Gesant, Kelly and Petersen to see if they were in the Melkbos area at the time of the murder of Heerschap. None of the numbers appeared in that area.

As a result, Jansen said that it called into doubt the credibility of Mr A’s evidence implicating the accused in the Heerschap murder.

Jansen further stated that Kelly denied any involvement in or planning of the hit. Jansen said that according to Mr A, Kelly was a passenger in the vehicle who “did not have a part”.

Hit arranged from prison


On this charge, Jansen presented arguments for Brown who is accused of arranging the attempt on the life of Booth on 9 April 2020. At the time of the failed hit, Brown was in prison.

Evidence already placed on record by Hawks investigating officer Colonel Eddie Clark indicates that Brown had two phones while in prison. A total of 25 phone calls were made, nine of which came after the incident.

According to Clark’s evidence, the calls between Poole and Brown began on 2 April 2020 and continued until 9 April 2020, the day of the murder attempt. Clark said that Brown made most of these calls.

Jansen said that just because Brown made many calls did not mean that he gave the directive to carry out the hit on Booth.

However, Judge Henney told Jansen that there was dubious evidence that Gesant called Brown at 7.10am following the attempted hit on Booth. The court also questioned Jansen about the State’s claims that Brown gave the instructions.

Jansen said, “I’m confident enough to say there is not enough to prove that Brown gave the instruction.”

Judge Henney further pointed out that Gesant’s plea explanation alleged that Brown was involved, adding that Brown was unsettled when he learnt that Gesant had implicated him. He said that Gesant’s plea explanation indicated Brown had been involved, and that Brown was upset when he found out that Gesant had implicated him.

Arguments in the 174 applications have all been heard and the State will present arguments why the applications should be dismissed on Thursday, 23 January. DM

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