Kilian heads to supreme court to appeal bail dismissal

Murder accused Zane Kilian is turning to the supreme court of appeal (SCA) to contest his dismissed bail application. 

Kilian’s advocate, Marius Botha, has confirmed that he was preparing an application for special leave to appeal his client’s failed bid. 

The Western Cape high court dismissed Kilian’s urgent bail appeal in May after his original bail bid was denied in the Bellville regional court in March. 

In his judgment, high court judge Ashley Binns-Ward said he found the appellant’s evidence “riddled with improbabilities and untruths” and that the defence failed to prove any exceptional circumstances that would allow bail under schedule six charges. 

Kilian was initially charged with murder, conspiracy to commit murder and the unlawful interception of communications relating to the murder of Western Cape anti-gang unit member Lieutenant-Colonel Charl Kinnear in September last year. 

Additional charges, following a Hawks investigation, were later added. These included fraud and conspiracy to commit murder, relating to the attempted murder on 9 April 2020 of Cape Town lawyer William Booth.  

These charges have been consolidated alongside Kilian’s recently arrested co-accused, Nafiz Modack. 

The matter is running in the Blue Downs regional court. 

On Wednesday, the case was postponed to 14 June after the court had to evacuate because of a positive Covid-19 case. 

Kilian, Modack and three co-accused, 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.

The bail applications relating to these specific charges are yet to begin because the court must first deal with an application by Modack, represented by Dirk Uys, requesting more particulars from the state. 

Uys told the court on Wednesday that he had received “some” information from the state, which he described as a “summary regarding the most important charges” against his client. 

“Although I am not satisfied with what I have been given, I am in a position to proceed with the bail application,” he told the court. 

Botha told the court that he would go ahead with an application for more particulars regarding the charges brought against his client, Kilian. 

A final date for the bail applications will be determined on 14 June.

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Eunice Stoltz
Eunice Stoltz is a general news reporter at the Mail & Guardian.

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