Senior Hawks detectives detail how they built strong case against Modack

CAPE TOWN - Senior Hawks detectives have detailed how they built up a strong case against alleged underworld gang boss Nafiz Modack.

Modack and 14 co-accused face 122 charges in the Western Cape High Court for various crimes related to running a criminal enterprise.

Some of the charges include the attempted murder of criminal defence attorney William Booth and alleged underworld figure Andre Naude and the murder of top cop Lieutenant Charl Kinnear.

READ: Nafiz Modack trial: Nicolette Kinnear's testimony called off

Hawks detective Lieutenant-Colonel Eddie Clark told the court that evidence he collected shows Modack used the Terrible West Siders (TWS) gang to perform various assassinations on his behalf.

Of the 14 accused on trial, at least five are said to be members of the gang.

They include the alleged gang leader Toufeek Brown, Riyaad Gesant, Fagmeed Kelly and Mario Petersen.

Another accused, Ziyaad Poole, is Brown's nephew, while Adiel Mukkudam is married to Poole's sister.

Clark went on to detail how Modack sought the services of Zane Kilian to track Booth, Kinnear, alleged underworld kingpin Jerome "Donkie" Booysen, his son, Joel Booysen, and others.

He told the court after arresting Gesant and four others, which included Brown's wife, Kouthar Brown, for the attempt on Booth's life in April 2020, the suspects' phones were sent for analysis.

Clark said the cellphone extractions showed during the time Booth was being tracked by Kinnear, the suspects were in constant communication with Brown, who was in prison at the time.

Clark said it became clear Brown was plotting to murder Booth while he was in prison.

It's the State's case that Modack was allegedly trying to extort money from one of Booth's clients, a Cape Town businessman.

But when Booth halted the extortion via the courts, Modack became angry and allegedly roped in Brown to take him out.

Clark's evidence shows Brown was in communication with Gesant - who has since pleaded guilty to his involvement - before and after the hit on Booth.

Modack denies instructing Kilian to ping Booth, saying Kilian worked for him as a debt collector.

Modack's lawyer advocate Bashier Sibda told the court screenshots found on Kilian's phone of messages between himself and Modack were manufactured.

Sibda said Kilian tried to create an impression he did more work for Modack, but it was not so.

Hawks officer Lieutenant Colonel Pieter Joubert later told the court his investigation into the murder of Nicholaas Heerschap in July 2019 led him to self-confessed hitman "Mister A".

Joubert told the court the Heerschap murder was actually a botched hit on his son, Nico, who was a Hawks detective investigating Modack for vehicle finance fraud.

Joubert said he established a black Mercedes-Benz was used as the getaway car.

He explained how ballistics tests conducted on bullet casings found at the Heerschap murder scene matched a firearm which police found in the possession of Abdia Lucas, a known TWS gang member in Woodstock.

Lucas was arrested and gave police her residential address in Argyle Street, which turned out to be the TWS headquarters.

She also gave Joubert the name of the shooter, which led him to Mr A.

Joubert said during an interview with Mr A in the maximum section at Pollsmoor Prison, where he was being held for being caught in possession of an illegal fireman, he openly confessed to murdering tow truck driver Richard Joseph in September 2019.

Joubert told the court Mr A told him Poole instructed him to murder Heerschap, Joseph, Booth, and Naude on behalf of Modack.

Mr A admitted to killing Heerschap and Joseph but said he failed in his attempts to murder Booth and Naude.

Joubert said Mr A's confession formed the basis of the Hawks' case to implicate Modack and his co-accused for running a criminal enterprise.

The trial continues.