Modack trial: Detective refutes taking written statement from a co-accused
The detective took the stand as a state witness on Wednesday, to refute a document that was presented as evidence by Modack.
Nafiz Modack trial underway at the Western Cape High Court on Tuesday, 15 October 2024. Picture: Kayleen Morgan / Eyewitness News
CAPE TOWN - A Cape Town police station detective has denied taking a written statement from a co-accused on trial with an alleged underworld gang boss, Nafiz Modack.
The detective took the stand as a State witness on Wednesday, to refute a document presented as evidence by Modack.
Modack and 14 co-accused face 122 charges for various crimes, including the murder of the former Anti-Gang Unit (AGU) head, Charl Kinnear, in September 2020.
The defence attorney for Modack, Bashier Sibda, on Tuesday, presented the court with a statement from co-accused Ashley Tabisher to show Modack was not involved in a plot to kill Kinnear in November 2019.
READ: Co-accused denies making statement to show that Modack not involved in Kinnear murder plot
In the alleged statement, Tabisher, who was part of the AGU at the time, states it was Kinnear who planned a fake attack on his own home.
Tabisher denied making the statement and detective Byron Franz, who was alleged to have taken Tabisher's statement, similarly refuted the document.
"It's not my signature, it's not my name. The address in there is not mine and the handwriting is also not mine," said Tabisher.
Franz also told the court he was in an isolation unit with COVID-19 at N1 City Hospital at the time the alleged statement was made.
Meanwhile, Western Cape High Court Judge Robert Henney slammed Sibda for wasting the court's time.
This after Modack's attorney presented the court with a statement from a co-accused to show Modack was not involved in a plot to kill Kinnear.
However, both the co-accused and the police officer who allegedly signed the document, have denied making the statement.
"Mr Modack cannot say this gentleman took that statement...emphatically say but sir you are lying. I was there...I have a witness who was there when you took that statement from Mr Tabisher. If you can do that then do so, but otherwise, you're wasting this court's time and the gentleman's time," said Henney.
Judge Henney has instructed prosecutors to collect more evidence that shows the statement was fabricated.