Nafiz Modack’s defence calls for acquittal
Cape Town - The defence team of alleged underworld kingpin, Nafiz Modack, has called on the Western Cape High Court to acquit him of the murder of Lieutenant-Colonel Charl Kinnear, saying there was no direct evidence.
More than four years after the popular detective was gunned down outside his Bishop Lavis home, Advocate Bash Sibda has poked holes in the State’s case.
Court proceedings resumed on Tuesday as defence teams have submitted 174 applications in which they aim to persuade Judge Robert Henney to discharge the charges.
Modack, along with 14 others, are facing over 100 counts in the mammoth underworld trial centred on the murder of Kinnear.
After an entire year, the State finally closed it case. This week, defence teams and State prosecutors are set to go head-to-head in the 174 applications.
Addressing the court on Tuesday, Sibda claimed Modack should be acquitted of Kinnear’s murder saying there was no proof that the pinging of Kinnear’s phone had led to his murder.
In August last year, Captain Edward du Plessis conceded that the Hawks were never able to find the killer.
But Sibda said that there was no evidence that the shooter used pinging information to execute the hit.
Sibda argued: “If we are saying that the pinging was the tool of murder you must show a link between the shooter and that information. The CCTV footage is vital so we can see how long the shooter was lurking.”
Sibda also attacked the credibility of former AGU boss André Lincoln, saying his evidence was riddled with contradictions and was of a poor quality.
This follows Lincoln’s testimony late last year on the grenade plot at Kinnear’s home when Modack’s co-accused, Janick Adonis, proved that Lincoln had lied about providing him with a cellphone in prison.
Adonis along with his former girlfriend Amaal Jantjies are charged with crimes linked to a grenade attack on the home of the slain detective in November 2019.
In his arguments Sibda added: “General Lincoln initially testified heart and soul that he has never ever seen a Dixon phone in his life but once confronted with his statement by Advocate Nel, without missing a beat, confirmed he did in fact give a Dixon phone to Janick Adonis”.
Sibda also criticised Lincoln for failing to take action after allegedly being told the lives of his colleagues were at risk.
Henney told the court that he found Lincoln’s testimony unsatisfactory. The matter continues.