State collecting evidence to show Modack fabricated statement intended to be used as evidence

CAPE TOWN - State prosecutors are collecting more evidence to show alleged underworld gang boss Nafiz Modack fabricated a statement he intended to be used as evidence.

This followed Modack presenting the court with a written statement from one of the co-accused, which shows Modack was not involved in a plot to kill slain top cop Charl Kinnear in 2019.

Cape Town detective Sergeant Byron Franz took the stand on Wednesday to deny he was present when co-accused Ashley Tabisher made the alleged statement on 4 January 2021.

In the alleged statement, Tabisher, who was part of the Anti-Gang Unit at the time, stated it was not Modack, but Kinnear, who planned a fake attack on his own home in November 2019.

Tabisher has since denied making the statement, while State prosecutor Advocate Blaine Lazarus questioned Sergeant Franz on Wednesday about his whereabouts on the day the alleged statement was said to be made.

"On the 4th of January 2021, where were you at that stage?"

"I was in hospital. I was isolated with COVID," he replied.

Judge Robert Henney has instructed prosecutors to gather more evidence to show Sergeant Franz was not on duty at the time.