Modack’s defence to ask for indulgence as bail application continues

Underworld figure Nafiz Modack and his co-accused, Zane Kilian, Jacques Cronjé, Ricardo Morgan and police officer Ashley Tabisher, made a brief appearance in the Blue Downs regional court on Tuesday 13 July as the defence continued its battle with the state over particulars of the charges brought against them, in the continuation of a prolonged quest for bail.

State prosecutor Blaine Lazarus handed in a lengthy response to the bail application which the court will hear on Tuesday 20 July. The response includes affidavits from witnesses and a large number of annexures. 

Modack’s lawyer Dirk Uys complained that the annexures were not numbered, and the state undertook to correct this ahead of next week’s hearing. Uys also indicated he would ask the court for indulgence to reply on the state’s lengthy response opposing bail.

Last month state prosecutor Greg Wolmarans accused defence lawyers of being ambivalent by “closing but not quite closing” their case, and sought to assert his right to respond once the defence concluded. 

Wolmarans argued that as soon as the state put its case to the court, the defence would want to respond accordingly after having more information at its disposal. 

He cautioned the court against being subverted by strategies usually used by schedule five and six offenders such as Modack.

Judge Deon van der Spuy then ruled that the defence must close its case and bring its full application to the court. 

During Tuesday’s brief court proceedings, Uys told the court that it did not have to rule on his request of indulgence, but indicated he would hand in an application asking for it. 

Van der Spuy postponed the matter to 20 July. 

Modack and his co-accused face a raft of charges including conspiracy to commit murder, murder, illegal cellphone tracking, racketeering, kidnapping, intimidation, corruption, gang-related extortion and contravening the Prevention of Organised Crime Act. 

Modack, Kilian, Cronjé and Tabisher remain in custody. 

In May, Morgan, was granted R50 000 bail with strict conditions, including a requirement to report to the police twice a week on Mondays and Fridays, and staying within the Cape Town precinct. 

The state did not oppose bail in his case.

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

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