Court refused murder-accused Kilian’s application for particulars, bail dates are set

The Blue Down regional court has ruled against murder accused Zane Kilian’s application for further particulars from the state in a bid to get bail on Monday. 

Kilian’s defence — together with two of the co-acused, Nafiz Modack and Jacques Cronjédemanded the state to provide sufficient information for them to prepare bail applications. Modack and Cronjé’s defence indicated last week that they would not continue with their application to request further information.

“Although I am not satisfied with what I have been given, I am in a position to proceed with the bail application,” Modack’s defence, Dirk Uys, told the court last week. 

However, Kilian’s advocate, Marius Botha, continued with the application during a full interlocutory court on Monday.

Judge Deon van der Spuy found the arguments brought forward by the state to be “sound” and refused Kilian’s application for further particulars relating to the raft of charges against him. 

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. 

After a Hawks investigation, more charges 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 — Modack, Cronjé, Ricardo Morgan and police officer Ashley Tabisher — in the Blue Downs regional court.

They are appearing on various charges including conspiracy to commit murder, illegal cellphone tracking, racketeering, kidnapping, intimidation, corruption and gang-related extortion. 

During the interlocutory court proceedings, Botha told the court his request for further information is necessary to proceed with the bail application. The requested information would also prove there is no prima facie case against Kilian, said Botha.

Botha’s request includes a copy of digital information, such as messages from Kilian’s phone. It “will prove his [Kilian’s] version” and strengthen his case, while showing the “weaknesses in the state’s case” argued Botha. 

Botha told the court the state is selective in the messages it presents to the court, because they support only the narrative, and do not reflect the true context in which they were sent. 

In response, state prosecutor Greg Wolmarans told the court the investigation is not yet completed, but at an “advanced and sensitive stage” and that any disclosure of information might hinder the investigation. 

The court heard that interviews were conducted in June with various individuals, including the accused number one, Nafiz Modack; his brother; and people who are not appearing before the court. 

“An investigative process is underway and stands at an advanced and sensitive point … The nature of certain digital and or electronic information obtained by the police must be held back,” Wolmarans said.

He argued that the premature disclosure of such digital information might “hinder” the investigation before it is finalised.

He added that there is the risk that such a disclosure of information might not be limited to Kilian, because nothing prevents him from sharing the information he receives with someone else.  

Wolmarans reminded the court of an incident that happened during the court proceedings on 28 May — during which Modack passed a note to Morgan, who was granted bail earlier in May — as an example of the co-accused sharing information. 

Wolmarans explained that the note, which was headed “from Nafiz” contained instructions for a payment to be made to Cronjé’s prison account, and that this payment had to seem as if it were made by someone, by the name of Adiel, who had been interviewed by the police. 

According to Wolmarans, this type of communication was conducted to “prejudice the investigation”.

The state concluded that Botha has sufficient information to proceed with its bail application. 

The bail application of the accused is set to begin on 24 June and will continue on 29 June and 1 July 2021.

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

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