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Modack case postponed because the magistrate is ‘unwell’ after allegedly being shot in an unrelated incident

The bail application for the two accused of the murder of top Western Cape anti-gang unit cop Lieutenant-Colonel Charl Kinnear, Nafiz Modack and Zane Kilian, together with co-accused relating to several other cases was on Monday postponed to 24 May. 

It was a brief court session in the Blue Downs regional court where Modack, Kilian, Jacques Cronjé, Ricardo Morgan and police officer Ashley Tabisher are appearing on various charges including conspiracy to commit murder, illegal cellphone tracking, racketeering, kidnapping, intimidation, corruption and gang-related extortion.

State prosecutor Blaine Lazarus told the court that the bail hearing was postponed because the regional court magistrate handling the case was unwell. 

The M&G received a police report in which it is alleged that four people were shot over the weekend at a car wash in Mfuleni, Cape Town. An off-duty police officer was shot and killed and three others — including a three-year-old — were injured. One victim was shot in his left buttocks. The police are investigating the case. 

Kilian’s instructing lawyer, Eric Bryer, told the Mail & Guardian that the magistrate had allegedly been shot in his buttocks over the weekend in an unrelated incident. 

Kilian will appear in the Western Cape high court for his bail appeal tomorrow, 18 May, two months after his bail application was denied in the Bellville regional court.  Kilian was arrested in September 2020 for his alleged involvement in the assassination of Kinnear outside his home in Bishop Lavis, Cape Town. 

Should the high court rule in favour of Kilian’s bail appeal he still will remain behind bars while his bail application for his link to the assassination attempt of the Cape Town lawyer William Booth on 9 April last year, which is running in the Blue Downs regional court.

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Eunice Stoltz
Eunice Stoltz is a junior daily news reporter at the Mail & Guardian. She was previously a freelance journalist and a broadcaster at Maroela Media and Smile90.4FM.

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