Prosecution clears alleged underworld gang boss Nafiz Modack of misleading court
Modack and his 14 co-accused face 122 charges for an array of crimes including the murder of top cop Charl Kinnear.
Alleged underworld gang boss Nafiz Modack in the Western Cape High Court on 6 August 2024. Picture: Kayleen Morga/Eyewitness News
CAPE TOWN - The prosecution has cleared alleged underworld gang boss Nafiz Modack of trying to mislead the court in what seemed to be manipulated evidence on Monday.
Modack and his 14 co-accused face 122 charges for an array of crimes including the murder of top cop Charl Kinnear.
On Monday, defence attorney Bashier Sibda used photocopies of the State's evidence -- which included a list of location pings related to the whereabouts of Kinnear and alleged underworld gang boss, Jerome "Donkie" Booysen.
The ping list -- which Sibda said proved Modack's version that the pair were colluding -- showed Booysen and Kinnear were at a particular location in Belhar at the same time in April 2020.
However, after examining the list, the State determined it was a misrepresentation of evidence - saying it was manipulated in an attempt to mislead the court.
Sibda on Tuesday apologised to the court, saying a layout error was made when printing the copy.
The State and Judge Robert Henney accepted Sibda's apology before adjourning proceedings until Wednesday.