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"title": "Top cops deny accused suspect's claim of tampering with evidence in Charl Kinnear murder case",
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"contents": "<span style=\"font-weight: 400;\">Captain John Bruce van Staden, the police officer who initially investigated failed murder attempts on the Anti-Gang Unit’s (AGU’s) Lieutenant Charl Kinnear in November 2019, told the Western Cape Division of the High Court that he secured cellphones confiscated from suspect Amaal Jantjies in his locker before transporting them to Gauteng.</span>\r\n\r\n<span style=\"font-weight: 400;\">Van Staden was testifying on Monday during Jantjies’ trial-within-a-trial, which seeks to have the court declare as inadmissible the evidence obtained from her two cellphones. </span>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies claims that police tampered with evidence on her cellphones. She also claims that her rights were not read to her and the charges were not explained after she was arrested. </span>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies is accused of plotting five murder attempts on Kinnear. She and her co-accused, Fareek Smith and Janick Adonis, are charged with contravening the Prevention of Organised Crime Act, five counts of conspiracy to commit murder, attempted murder, conspiracy to acquire explosives and the illegal possession of a firearm.</span>\r\n\r\n<span style=\"font-weight: 400;\">Van Staden testified on Monday that when the police arrested Jantjies, they followed all the rules. Former AGU commander Andre Lincoln, who entered court in a wheelchair, also testified. </span>\r\n\r\n<span style=\"font-weight: 400;\">The charges emanate from events leading up to a failed hand grenade attack at Kinnear’s home on 23 November 2019. Ten months later, the detective was fatally shot outside his house in Bishop Lavis, Cape Town.</span>\r\n\r\n<span style=\"font-weight: 400;\">Those facing charges for Kinnear’s murder include underworld kingpin Nafiz Modack and </span><a href=\"https://www.dailymaverick.co.za/article/2021-05-21-jantjies-hellbent-on-carrying-out-modacks-instructions-to-murder-kinnear-court-hears/\"><span style=\"font-weight: 400;\">former rugby player Zane Kilian</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies </span><a href=\"https://www.dailymaverick.co.za/article/2021-05-26-bail-denied-kinnear-murder-suspect-amaal-jantjies-accused-of-arranging-five-hits-on-top-cop/\"><span style=\"font-weight: 400;\">was denied</span></a><span style=\"font-weight: 400;\"> bail in May 2021. In a plea deal in April 2022, Smith, a member of the Junky Funky Kids (JFK) gang, admitted involvement in the murder of Kinnear and the illegal possession of an explosive device.</span>\r\n\r\n<span style=\"font-weight: 400;\">Smith also admitted that he conspired with another JFK member, Janick Adonis, and Jantjies to murder Kinnear at his home in November 2019.</span>\r\n\r\n<b>Read more:</b> <a href=\"https://www.dailymaverick.co.za/article/2022-04-19-suspect-takes-plea-deal-and-admits-to-grenade-attempt-on-life-of-murdered-cop-charl-kinnear/\"><span style=\"font-weight: 400;\">Suspect takes plea deal and admits to grenade attempt on life of murdered cop Charl Kinnear</span></a>\r\n\r\n<span style=\"font-weight: 400;\">The cellphone evidence is pivotal to the State’s case. Jantjies also allegedly influenced AGU </span><a href=\"https://www.dailyvoice.co.za/news/modack-and-cop-in-grenade-plot-sergeant-bribed-with-r10k-to-leak-info-on-agu-to-underworld-dd82c05f-b43d-4da7-b80e-6eaf5faf9f10\"><span style=\"font-weight: 400;\">Sergeant Ashley Tabisher</span></a><span style=\"font-weight: 400;\"> to inform her about intended raids at Modack’s house. </span>\r\n\r\n<p><a href=\"https://www.dailymaverick.co.za/amaal-bail_2-2/\"><img loading=\"lazy\" class=\"size-full wp-image-1966346\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/12/Amaal-Bail_2.jpg\" alt=\"\" width=\"955\" height=\"1000\" /></a> <em>Amaal Jantjies stands accused of orchestrating the hand grenade incident at the house of Anti-Gang Unit Lieutenant Colonel Charl Kinnear in November 2019. (Photo: Supplied)</em></p>\r\n<h4><b>Holding a hand grenade</b></h4>\r\n<span style=\"font-weight: 400;\">Jantjies was arrested in the early hours of November 23, 2019, shortly after Smith was apprehended at Kinnear’s home, holding a hand grenade.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln testified that Smith told officers at the scene that he had been dropped off by a woman driving a white BMW. Smith was shown a Facebook photo of Jantjies and identified her as the woman. </span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln said that when he arrived at the Bishop Lavis Police Station later that day, he saw Tabisher, Jantjies and Sergeant Marlon Adams standing outside talking.</span>\r\n\r\n<span style=\"font-weight: 400;\">“It was my understanding from earlier telephone communication that Jantjies had been arrested, and I saw her standing outside on the pavement. I instructed her to enter the police station and boardroom. When Sergeant Faizek Storah arrested Jantjies, she turned over two cellphones.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln said Jantjies had not objected to the police accessing her cellphones and even unlocked them. </span>\r\n\r\n<span style=\"font-weight: 400;\">“When Jantjies’ two cellphones were handed to me, I locked them in my safe … and no one tampered with [them],” he told the court.</span>\r\n\r\n<span style=\"font-weight: 400;\">Advocate Pauline Andrews, representing Jantjies, questioned Lincoln on Jantjies’ claim that she was never informed of any charges, nor were her rights read to her, and that when she was interviewed, she was not under arrest but was there to answer questions.</span>\r\n\r\n<span style=\"font-weight: 400;\">Andrews added that Jantjies claimed Lincoln said she would be released.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln denied this, telling the court that before Van Staden questioned Jantjies, he read her her rights and warned her that she was a suspect under arrest.</span>\r\n\r\n<span style=\"font-weight: 400;\">Van Staden testified that Lincoln had possession of the two cellphones before handing them to him.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I went through my phone and took photos of messages because, at that point, that information could be used as valuable evidence in the case. I kept the phones inside my locker. I decided not to turn in the phones at the Cape Town war room,” Van Staden testified.</span>\r\n\r\n<p><a href=\"https://www.dailymaverick.co.za/img_20240909_113554/\"><img loading=\"lazy\" class=\"size-full wp-image-2355626\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/09/IMG_20240909_113554-scaled.jpg\" alt=\"\" width=\"1851\" height=\"2560\" /></a> <em>Former Anti-Gang Unit commander Andre Lincoln. (Photo: Vincent Cruywagen)</em></p>\r\n<h4><b>‘A sensitive issue’</b></h4>\r\n<span style=\"font-weight: 400;\">“At the time, it was a very sensitive issue, with rumours of a rogue [police] unit. For safety reasons, I kept the four phones, two of Jantjies and two of Smith, in my possession. I decided [to] book these phones in the Gauteng war room.”</span>\r\n\r\n<span style=\"font-weight: 400;\">He sealed the phones in forensic bags and drove to the Gauteng war room, where he handed them over on 5 December 2019.</span>\r\n\r\n<span style=\"font-weight: 400;\">Nearly two years before he was murdered, Kinnear complained to his bosses that rogue police officers in the Western Cape were working to frame him and some of his colleagues. </span>\r\n\r\n<span style=\"font-weight: 400;\">He also claimed some of those police officers were aligned with </span><a href=\"https://www.dailymaverick.co.za/article/2021-09-01-saps-members-still-on-modacks-payroll-court-hears-in-bail-application/\"><span style=\"font-weight: 400;\">Modack</span></a><span style=\"font-weight: 400;\">, who is now a suspect in his murder.</span>\r\n\r\n<b>Read more:</b> <a href=\"https://www.dailymaverick.co.za/article/2022-06-24-clear-and-present-danger-rogue-cop-unit-could-subvert-western-cape-police-service-unless-shut-down/\"><span style=\"font-weight: 400;\">Clear and Present Danger: Rogue cop unit could subvert Western Cape police service unless shut down</span></a><b> </b>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies testified that the police arrived at her home in the early hours of 23 November 2019 and confiscated her two phones.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I was put in a police taxi, with a large police convoy following us. We stopped at the BP garage. We parked there for about 30 minutes. One of the female police officers, wearing a balaclava, asked me to open my phone in a rude manner.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I opened my phone with my fingerprint and saw the female police officer going through my WhatsApp messages. The phone locked again, so I had to unlock it and set it to not lock again,” Jantjies testified.</span>\r\n\r\n<span style=\"font-weight: 400;\">The trial continues. </span><b>DM</b>",
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"name": "Former Anti-Gant Unit Andre Lincoln testified during the a trial-within-trial of the cell phone evidence against Amaal Jantjies in the Western Cape High Court. Jantjies is facing five counts of conspiracy to commit murder of the late AGU Lieutenant Colonel Charl Kinnear in November 2019.(Photo: Vincent Cruywagen)",
"description": "<span style=\"font-weight: 400;\">Captain John Bruce van Staden, the police officer who initially investigated failed murder attempts on the Anti-Gang Unit’s (AGU’s) Lieutenant Charl Kinnear in November 2019, told the Western Cape Division of the High Court that he secured cellphones confiscated from suspect Amaal Jantjies in his locker before transporting them to Gauteng.</span>\r\n\r\n<span style=\"font-weight: 400;\">Van Staden was testifying on Monday during Jantjies’ trial-within-a-trial, which seeks to have the court declare as inadmissible the evidence obtained from her two cellphones. </span>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies claims that police tampered with evidence on her cellphones. She also claims that her rights were not read to her and the charges were not explained after she was arrested. </span>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies is accused of plotting five murder attempts on Kinnear. She and her co-accused, Fareek Smith and Janick Adonis, are charged with contravening the Prevention of Organised Crime Act, five counts of conspiracy to commit murder, attempted murder, conspiracy to acquire explosives and the illegal possession of a firearm.</span>\r\n\r\n<span style=\"font-weight: 400;\">Van Staden testified on Monday that when the police arrested Jantjies, they followed all the rules. Former AGU commander Andre Lincoln, who entered court in a wheelchair, also testified. </span>\r\n\r\n<span style=\"font-weight: 400;\">The charges emanate from events leading up to a failed hand grenade attack at Kinnear’s home on 23 November 2019. Ten months later, the detective was fatally shot outside his house in Bishop Lavis, Cape Town.</span>\r\n\r\n<span style=\"font-weight: 400;\">Those facing charges for Kinnear’s murder include underworld kingpin Nafiz Modack and </span><a href=\"https://www.dailymaverick.co.za/article/2021-05-21-jantjies-hellbent-on-carrying-out-modacks-instructions-to-murder-kinnear-court-hears/\"><span style=\"font-weight: 400;\">former rugby player Zane Kilian</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies </span><a href=\"https://www.dailymaverick.co.za/article/2021-05-26-bail-denied-kinnear-murder-suspect-amaal-jantjies-accused-of-arranging-five-hits-on-top-cop/\"><span style=\"font-weight: 400;\">was denied</span></a><span style=\"font-weight: 400;\"> bail in May 2021. In a plea deal in April 2022, Smith, a member of the Junky Funky Kids (JFK) gang, admitted involvement in the murder of Kinnear and the illegal possession of an explosive device.</span>\r\n\r\n<span style=\"font-weight: 400;\">Smith also admitted that he conspired with another JFK member, Janick Adonis, and Jantjies to murder Kinnear at his home in November 2019.</span>\r\n\r\n<b>Read more:</b> <a href=\"https://www.dailymaverick.co.za/article/2022-04-19-suspect-takes-plea-deal-and-admits-to-grenade-attempt-on-life-of-murdered-cop-charl-kinnear/\"><span style=\"font-weight: 400;\">Suspect takes plea deal and admits to grenade attempt on life of murdered cop Charl Kinnear</span></a>\r\n\r\n<span style=\"font-weight: 400;\">The cellphone evidence is pivotal to the State’s case. Jantjies also allegedly influenced AGU </span><a href=\"https://www.dailyvoice.co.za/news/modack-and-cop-in-grenade-plot-sergeant-bribed-with-r10k-to-leak-info-on-agu-to-underworld-dd82c05f-b43d-4da7-b80e-6eaf5faf9f10\"><span style=\"font-weight: 400;\">Sergeant Ashley Tabisher</span></a><span style=\"font-weight: 400;\"> to inform her about intended raids at Modack’s house. </span>\r\n\r\n[caption id=\"attachment_1966346\" align=\"alignnone\" width=\"955\"]<a href=\"https://www.dailymaverick.co.za/amaal-bail_2-2/\"><img class=\"size-full wp-image-1966346\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2023/12/Amaal-Bail_2.jpg\" alt=\"\" width=\"955\" height=\"1000\" /></a> <em>Amaal Jantjies stands accused of orchestrating the hand grenade incident at the house of Anti-Gang Unit Lieutenant Colonel Charl Kinnear in November 2019. (Photo: Supplied)</em>[/caption]\r\n<h4><b>Holding a hand grenade</b></h4>\r\n<span style=\"font-weight: 400;\">Jantjies was arrested in the early hours of November 23, 2019, shortly after Smith was apprehended at Kinnear’s home, holding a hand grenade.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln testified that Smith told officers at the scene that he had been dropped off by a woman driving a white BMW. Smith was shown a Facebook photo of Jantjies and identified her as the woman. </span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln said that when he arrived at the Bishop Lavis Police Station later that day, he saw Tabisher, Jantjies and Sergeant Marlon Adams standing outside talking.</span>\r\n\r\n<span style=\"font-weight: 400;\">“It was my understanding from earlier telephone communication that Jantjies had been arrested, and I saw her standing outside on the pavement. I instructed her to enter the police station and boardroom. When Sergeant Faizek Storah arrested Jantjies, she turned over two cellphones.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln said Jantjies had not objected to the police accessing her cellphones and even unlocked them. </span>\r\n\r\n<span style=\"font-weight: 400;\">“When Jantjies’ two cellphones were handed to me, I locked them in my safe … and no one tampered with [them],” he told the court.</span>\r\n\r\n<span style=\"font-weight: 400;\">Advocate Pauline Andrews, representing Jantjies, questioned Lincoln on Jantjies’ claim that she was never informed of any charges, nor were her rights read to her, and that when she was interviewed, she was not under arrest but was there to answer questions.</span>\r\n\r\n<span style=\"font-weight: 400;\">Andrews added that Jantjies claimed Lincoln said she would be released.</span>\r\n\r\n<span style=\"font-weight: 400;\">Lincoln denied this, telling the court that before Van Staden questioned Jantjies, he read her her rights and warned her that she was a suspect under arrest.</span>\r\n\r\n<span style=\"font-weight: 400;\">Van Staden testified that Lincoln had possession of the two cellphones before handing them to him.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I went through my phone and took photos of messages because, at that point, that information could be used as valuable evidence in the case. I kept the phones inside my locker. I decided not to turn in the phones at the Cape Town war room,” Van Staden testified.</span>\r\n\r\n[caption id=\"attachment_2355626\" align=\"alignnone\" width=\"1851\"]<a href=\"https://www.dailymaverick.co.za/img_20240909_113554/\"><img class=\"size-full wp-image-2355626\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2024/09/IMG_20240909_113554-scaled.jpg\" alt=\"\" width=\"1851\" height=\"2560\" /></a> <em>Former Anti-Gang Unit commander Andre Lincoln. (Photo: Vincent Cruywagen)</em>[/caption]\r\n<h4><b>‘A sensitive issue’</b></h4>\r\n<span style=\"font-weight: 400;\">“At the time, it was a very sensitive issue, with rumours of a rogue [police] unit. For safety reasons, I kept the four phones, two of Jantjies and two of Smith, in my possession. I decided [to] book these phones in the Gauteng war room.”</span>\r\n\r\n<span style=\"font-weight: 400;\">He sealed the phones in forensic bags and drove to the Gauteng war room, where he handed them over on 5 December 2019.</span>\r\n\r\n<span style=\"font-weight: 400;\">Nearly two years before he was murdered, Kinnear complained to his bosses that rogue police officers in the Western Cape were working to frame him and some of his colleagues. </span>\r\n\r\n<span style=\"font-weight: 400;\">He also claimed some of those police officers were aligned with </span><a href=\"https://www.dailymaverick.co.za/article/2021-09-01-saps-members-still-on-modacks-payroll-court-hears-in-bail-application/\"><span style=\"font-weight: 400;\">Modack</span></a><span style=\"font-weight: 400;\">, who is now a suspect in his murder.</span>\r\n\r\n<b>Read more:</b> <a href=\"https://www.dailymaverick.co.za/article/2022-06-24-clear-and-present-danger-rogue-cop-unit-could-subvert-western-cape-police-service-unless-shut-down/\"><span style=\"font-weight: 400;\">Clear and Present Danger: Rogue cop unit could subvert Western Cape police service unless shut down</span></a><b> </b>\r\n\r\n<span style=\"font-weight: 400;\">Jantjies testified that the police arrived at her home in the early hours of 23 November 2019 and confiscated her two phones.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I was put in a police taxi, with a large police convoy following us. We stopped at the BP garage. We parked there for about 30 minutes. One of the female police officers, wearing a balaclava, asked me to open my phone in a rude manner.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I opened my phone with my fingerprint and saw the female police officer going through my WhatsApp messages. The phone locked again, so I had to unlock it and set it to not lock again,” Jantjies testified.</span>\r\n\r\n<span style=\"font-weight: 400;\">The trial continues. </span><b>DM</b>",
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"summary": "Amaal Jantjies, accused of plotting five murder attempts on the Anti-Gang Unit’s Lieutenant Charl Kinnear, claims the police failed to follow procedure when taking her cellphones as evidence. The police officers involved have denied the claims. \r\n",
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"search_title": "Top cops deny accused suspect's claim of tampering with evidence in Charl Kinnear murder case",
"search_description": "<span style=\"font-weight: 400;\">Captain John Bruce van Staden, the police officer who initially investigated failed murder attempts on the Anti-Gang Unit’s (AGU’s) Lieutenant Charl Kinnear in November",
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"social_description": "<span style=\"font-weight: 400;\">Captain John Bruce van Staden, the police officer who initially investigated failed murder attempts on the Anti-Gang Unit’s (AGU’s) Lieutenant Charl Kinnear in November",
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Amaal Jantjies stands accused of orchestrating the hand grenade incident at the house of Anti-Gang Unit Lieutenant Colonel Charl Kinnear in November 2019. (Photo: Supplied)
Former Anti-Gang Unit commander Andre Lincoln. (Photo: Vincent Cruywagen)