Modack trial set to proceed with new witness from defence

The high-profile trial of alleged underworld gang boss Nafiz Modack is set to proceed in the Western Cape High Court on Tuesday with a new witness expected to take the stand.

Last week, presiding Judge Robert Henney warned Modack not to delay the matter any further.

Modack, who is on trial with 14 co-accused, faces 122 charges, including murder, extortion, racketeering, fraud and money laundering - all linked to the alleged operation of a criminal enterprise.

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On Wednesday last week, proceedings were delayed yet again after Modack's lawyer, Advocate Bashier Sibda, requested a postponement.

Since the trial started two years ago, proceedings have been delayed numerous times, mostly due to Modack's requests to consult with Sibda.

Henney reprimanded Sibda last week for failing to produce a new witness for the defence.

Henney warned Sibda he will not hesitate to use the Criminal Procedure Act to close Modack's case if the matter is unduly delayed.

Modack, meanwhile, is expected to produce the new witness in an attempt to prove his innocence.

He claims he was framed by police and his underworld rivals for the 122 charges he faces.

In the last two weeks, Modack's lawyer called three witnesses to corroborate his client's allegations.

However, evidence brought by the witnesses failed to convince Henney, who ruled most of it as inadmissible.

Last week, State prosecutor Greg Wolmarans weighed in, saying Modack's evidence, so far, has been irrelevant.

"With respect to the case of accused number one, the record is already burdened with what I can only refer to as irrelevance. We don't want to go down that road anymore."