Nafiz Modack trial weekly wrap: Court hears about bail promises, claims of evidence tampering

CAPE TOWN - The trial against alleged underworld gang boss, Nafiz Modack, continued in the Western Cape High Court this week, with the spotlight on three of the co-accused, former Anti-Gang Unit member, Ashley Tabisher, and alleged Junky Funky Kids (JFK) gang members, Yannick Adonis and Amaal Jantjies.

The trio are among 11 others, who along with Modack, face 122 charges for various crimes centered around the murder of top cop, Charl Kinnear.

Kinnear, who was head of the Anti-Gang Unit (AGU) investigating Modack at the time, was shot dead outside his Bishop Lavis home in September 2020.

Tabisher was arrested in May 2021 and faces charges of corruption for allegedly leaking information about the AGU operations to Jantjies on behalf of Modack.

This week, Tabisher told the court he was coerced into making a warning statement after being promised to be released on bail.

The State called in Hawks officer, Andile Mankayi, who took the statement from Tabisher following his arrest, to testify this week.

Mankayi told the court that Tabisher's attorney at the time was present to offer him guidance, and he was not promised bail.

Mankayi said that even after Tabisher first appeared in court following his arrest, there was no mention of bail during proceedings.

The "trial-within-a-trial" to determine whether Tabisher's statement could be used by the State as evidence against him, continued when Tabisher took the stand to testify.

He explained to the court how he was arrested at his home in May 2021 before being taken to the AGU base to inform his commander about his arrest, and then to the Bellville Police Station.

Tabisher told the court he did not understand why he was taken to the AGU's base first, but after being told about the charges he faced, he told police he would practice his right to remain silent.

He told the court that when Mankayi met with him at Bellville Police Station the next day, he was told the magistrate would need a statement if he wanted bail.

When cross-examining Mankayi, Tabisher said: "Why would I help you? I'm on the other side of the police now."

State prosecutor Greg Wolmarens put it to Tabisher: "No promise of bail was made to you. You cooked it up."

Tabisher answered: "That's your opinion."  

Judge Robert Henney concluded the "trial-within-a-trial" by ruling that the requirements for admissibility were met, and Tabisher's warning statement could be used as evidence in court.

AMAAL JANTJIES AND YANNICK ADONIS

Amaal Jantjies and Yannick Adonis face various charges, including conspiracy to commit murder for allegedly plotting a hand grenade attack on the Kinnear family in November 2019.

A protection detail of police officers stationed at Kinnear's home in Bishop Lavis halted the attack when they searched a suspect in the road and found a hand grenade in his possession.

The suspect, who has since been sentenced, alleged that Adonis gave him the grenade and Janties instructed him to commit the crime.

This week, Jantjies accused police of tampering with evidence from her cellphones which were confiscated during her arrest on November 23, 2019 – on the same day as the botched hand grenade attack.

Jantjies's lawyer, Advocate Pauline Andrews objected to messages taken from her client's cellphones being used as evidence in court.

Andrews told the court that Jantjies's rights were not explained to her after her arrest, and she did not consent to her phones being confiscated.

Jantjies claims that evidence related to the charges she faced were also deleted from her phones.

The State then called in the AGU's General Andre Lincoln, who worked closely with Kinnear in the investigation against Modack.

Lincoln told the court he met Adonis on instruction from Kinnear early in October 2019.

At the time, Adonis faced charges of murder and attempted murder in another matter at the Khayelitsha Magistrates Court.

Lincoln said they first met on 9 October when Adonis provided information about a firearm used in the murder of a police officer.

Lincoln told the court: "It seemed like he knew what he was talking about."

However, he said that when police went to collect the abandoned firearm in Delft, they found it was not the same gun used in the murder.

Lincoln said Adonis insisted that his girlfriend, Amaal Jantjies, be present when they met, as she was "his person on the outside who could corroborate his information".

He told the court it became clear the couple had their own agenda as they claimed to seek bail for Adonis, but kept providing information which proved of no use to the AGU.

Lincoln said Adonis became visibly angry after being told he would not get bail.

He told the court that Tabisher, who was present during the meetings with Adonis and Jantjies, was assigned by Kinnear to be the couple's handler.

The State's evidence shows alleged messages between Jantjies and Modack began in early November 2019.

The evidence taken from her phones contains arrangements for Jantjies to receive a BMW and two cellphones, offers for Tabisher to be bribed, and a message relaying Kinnear's residential address.  

The trial is set to continue with Lincoln's testimony on Monday.