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

Former SAPS Major General Jeremy Vearey. (Photo: Felix Dlangamandla)

By Vincent Cruywagen

6 Jun 2024

Alleged underworld figure Nafiz Modack was allegedly deceived by a middleman while trying to bribe former top cops Major General Jeremy Vearey and Anti-Gang Unit Lieutenant Colonel Charl Kinnear.

Bank statements from alleged underworld figure Nafiz Modack’s account reveal that he made R600,000 in payments that he allegedly thought would go to former Western Cape detective boss Major General Jeremy Vearey and Anti-Gang Unit (AGU) Lieutenant Colonel Charl Kinnear.

Modack allegedly made the payments to get back firearms that had been confiscated by the Anti-Gang Unit in 2017. But he did not get his firearms back and Vearey, who had no involvement in the bribery scheme, did not receive a cent as Modack was apparently duped by a middleman.

Hawks Captain Edward du Plessis, a member of the national task team investigating the murder of Kinnear in September 2020, presented this evidence in the Western Cape High Court on Thursday, 6 June 2024.

Prosecutors were trying to show how a total of R1.2-million from Modack’s Empire Investments Cars account was allegedly used for corrupt and criminal activities.

The account has also been linked to money allegedly paid to former rugby player and co-murder accused Zain Kilian, as well as Amaal Jantjies, who allegedly conspired with Modack and Janick Adonis to murder Kinnear in November 2021.

Read more in Daily Maverick: Nafiz Modack paid murder accused Zane Kilian almost R100,000, State alleges

Modack and Kilian, along with 13 co-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, Moegamat Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Petrus Visser, Adonis, Jantjies, former AGU Sergeant Ashley Tabisher, Yaseen Modack, Mogamat Mukudam and Ricardo Morgan.

Nafiz Modack kilian Zane Kilian in the Western Cape High Court on 7 May 2024. (Photo: Gallo Images / Die Burger / Theo Jeptha)

This is Du Plessis’ second week on the stand. He has already described the pinging and consumer trace reports Kilian used to pinpoint the location of individuals, as well as the corresponding WhatsApp messages that followed these actions.

‘I’ll give the money’

Du Plessis’ testimony on Thursday focused on the corruption claims against Vearey.

On 15 December 2017, Kinnear and other police officers searched Modack’s residential address and seized firearms in relation to another case. Three firearms were seized from the safe and Modack could not produce five firearms that were registered in his name.

modack kinnear Murdered SAPS Anti-Gang Unit Lieutenant-Colonel Charl Kinnear. (Photo: Supplied)

“During my investigation, I discovered a statement issued by Modack on September 29, 2018, and commissioned by Captain Alfred Barker. At that point, Modack was the complainant,” Du Plessis told the court.

In this statement, Modack stated he was arrested in December 2017 along with Colin Booysen, Ashley Fields, Jacques Cronje and Carl Lakay (now deceased) and detained on charges of intimidation and extortion.

Modack stated that in July 2018, he was approached by an acquaintance, Mohamed Hanware, who allegedly said he could help him get back the firearms from the AGU, led by Vearey and his squad – for a fee.

modack vearey Former SAPS Major General Jeremy Vearey. (Photo: Felix Dlangamandla)

Modack claimed in the 2018 statement that, “Vearey asked him to entice me to get money for firearms. I went to see Hanware at his house. This was early August 2018, he contacted me on my cell number. We then had a meeting and he again said to me that he can get the firearms back. He said that General Vearey is on his payroll as well as Kinnear.”

He further claimed that Hanware phoned Vearey in his presence. Modack claimed that he saw that Hanware had saved the number as “General V”.

“The phone was on speaker and I could hear the conversation. I immediately recognise Vearey’s voice. Mohamed asked Vearey if he takes the R150,000, how long will it take to get back my firearms?

“Vearey replied and said that it would take him a week or two as Kinnear must complete the paperwork. General Vearey spoke soft and slow but I still recognised his voice. After the conversation he then phoned Kinnear also on WhatsApp. He said to him that he just spoke to General V and he agreed that Mr M would pay the money.

“After the conversation I said to Mohamed I’ll give the money. I agreed because it was a way to prove that they are corrupt,” Modack’s statement reads.

‘Undercover operation’

It is Modack’s version that on 1 or 2 August 2018, he went again to Hanware’s house with R30,000. Hanware, according to Modack, then phoned Kinnear and said that he had the money.

“Hanware asked me where the balance of the money is. I said Vearey will get the rest after I receive my firearms. I thereafter give them R40,000 and again on 1 September 2028 deposited R80,000 into Mohamed’s mother in law account…” Modack further claimed.

Judge Robert Henney then interjected and said: “Based on what I’m reading, this amounts to a confession at the very least. An admission by Modack that he attempted to commit corruption.

“We’ve got evidence here that Modack implicated himself in the involvement of corruption charges.”

State prosecutor Greg Wolmarans then told the court the purpose of the evidence was to prove that this amounted to a confession.

Wolmarans said that those making statements to the police knew that “if there is anything adverse contained in that content, you bear the consequences. There is nothing to fall back on, this is what we have here.”

Modack’s legal counsel, Bash Sibda, argued that Modack was working with Captain Barker and did not commit a crime, but was instead part of an undercover operation.

“It is clear that the statement does not constitute a confession, admission of a crime, or any wrongdoing. My client followed Captain Barker’s instructions and had no criminal intent. He filed a charge against Vearey and Kinnear.

“My client only played with Vearey; he was part of an undercover operation. My client claimed he paid the money and cooperated with the police. This is not a confession, but rather an undercover operation. Furthermore, this corruption case is still pending,” Sibda told the court.

When Henney asked Wolmarans if the National Prosecuting Authority gave authorisation for this undercover operation, Wolmarans said, “Not from our office.”

In a 30-second voice note played in court, Modack stated, “I gave Vearey R3-million, and that Vearey was looking for another million rand and he was trying to extort me.”

Empire Investments Cars account

Du Plessis took the court through R1.2-million in payments made from Modack’s Empire Investment Cars account, which included R600,000 in payments referenced as “Gen V”, “GV”, “Gen V”, “Gv”, “Gen B”, “Gen Vearey”, and “Jeremy V”.

The money ended up in four bank accounts that belonged to advocate Caitlan Bowen, Hanware’s wife.

“The money was used by Bowen and her husband. The audit trail shows the money flowed from Empire Investments Cars to Caitlan Bowen. I approached Bowen and Hanware and secured statements from them,” Du Plessis testified.

Du Plessis said he couldn’t find any money that had actually been transferred to Vearey or any police officer. He said a separate investigation by the Hawks Anti-Corruption Unit also found no payments had been made to Vearey.

“Nothing was paid to Vearey and everything went into the four accounts of Bowen. This is [in] the financial records,” Wolmarans said.

The court heard that Bowen and Hanware have since moved to Dubai.

Vearey told Daily Maverick that the case showed just how far individuals in organised crime would go to discredit police or investigating officers. Vearey would be called to the stand, Wolmarans said.

The matter continues on Monday, 10 June. DM

Categories:

Maverick News

Tags:

DM is much better if you are signed in...

Maverick News

‘I’ll give the money’

‘Undercover operation’

Empire Investments Cars account