Modack trial: Former cop loses bid to have evidence deemed inadmissible
Former anti-gang unit member, Ashley Tabisher, claims he was coerced into making a statement about his involvement in the case with a promise of being released on bail.
Alleged gang boss, Nafiz Modack (accused number 1), and his co-accused appeared in the Western Cape High Court on 31 July 2024. Picture: Carlo Petersen/EWN
CAPE TOWN - A former police officer charged with corruption in the trial against alleged underworld kingpin, Nafiz Modack, on Monday lost a bid to have evidence deemed inadmissible.
Former anti-gang unit member, Ashley Tabisher, claims he was coerced into making a statement about his involvement in the case with a promise of being released on bail.
Tabisher is among Modack's 14 co-accused who face 122 charges for various crimes, including murder, extortion, money laundering and fraud.
Judge Robert Henney on Monday ruled that a warning statement Tabisher made after his arrest in 2021 was admissible in court.
The former police officer had sought to have the statement removed as evidence after claiming he made it because he was promised bail.
State prosecutor Greg Wolmarens, however, told the court that Tabisher made the statement willingly while in the presence of his attorney.
"I'm going to put it to you right here and now Mister Tabisher - no promise was made. You made up this story, you cooked it up. What do you say to that?"
"That's your opinion," Tabisher said.
Judge Henney ruled that from the evidence heard, the requirements for the statement's admissibility in court had been met.