Allegations of high-ranking police corruption and cellphone tampering took centre stage in the trial of alleged underworld gang boss, Nafiz Modack this week.
Modack and 14 co-accused face 122 charges related to various crimes, including the murder of former Anti-Gang Unit (AGU) head, Charl Kinnear.
Kinnear was shot dead in his car outside his Bishop Lavis home in September 2020.
The gunman has still not been found.
At the time of Kinnear’s murder, the AGU had been investigating Modack for various crimes, including the murder of Nicholaas Heerschap, the father of Hawks officer, Nico Heerschap, and the attempted murder of criminal defence attorney, William Booth.
Kinnear had also confiscated about 80 guns from Modack’s home, and arrested his wife on an illegal firearms charge.
This week, one of the State’s main witnesses, Hawks officer captain Trevor Shaw finished presenting evidence extracted from two cellphones confiscated from co-accused Amaal Jantjies.
Jantjies and another co-accused, her ex-boyfriend Yannick Adonis, along with Modack –face various charges of conspiracy to commit murder related to three botched attacks on Kinnear in November 2019.
It’s the State’s case that Jantjies had contacted Modack to assist Adonis, who was behind bars for murder by funding his bail application.
The prosecution’s evidence shows Jantjies received money, a white BMW and Kinnear’s address, all allegedly from Modack.
Evidence presented by Shaw shows Jantjies was in contact with various hitmen in 2019 to plot against Kinnear.
In voice notes played in court, Jantjies can be heard telling two gunmen to fire “warning shots” at Kinnear’s home.
However, in another message, she tells the hitman that if Kinnear is killed it’s “a bonus”.
Modack trial: Court instructs prosecutors to retrieve deleted phone recordings belonging to an accused
A translated message from Jantjies to one of the hitmen reads: “I want to stand at my window and hear the gunshots being fired.”
Shaw’s evidence shows a police protection unit stationed at Kinnear’s home prevented at least three attacks orchestrated by Jantjies.
On two occasions gunmen were ready to fire “warning shots” at Kinnear’s house before being deterred by the protection unit, while a third attempt involved a botched hand grenade attack, which was also foiled by the police on duty.
This week both Jantjies and Adonis admitted the evidence against them is not in dispute before alleging they acted on behalf of former AGU general Andre Lincoln to plan the attacks on Kinnear.
Jantjies’ attorney, Pauline Andrews told the court her client also believes crucial evidence related to the charges she faces were deleted from her cellphones.
Andrews pointed the court to evidence, which shows 29 recordings were deleted from one of Jantjies’ phones.
Jantjies alleges the recordings will show she was meeting with Lincoln, who is the real mastermind behind the attacks on Kinnear.
Lincoln has previously denied tampering with Jantjies’ cellphones which were confiscated during her arrest after the botched attacks on Kinnear in November 2019.
He told the court he had been meeting with Jantjies via another co-accused, Ashley Tabisher, who was an AGU member and part of Lincoln’s team at the time.
Tabisher faces charges of corruption for allegedly sharing information with Jantjies about AGU raids on Modack.
Lincoln told the court that Jantjies promised to share information about gang-related activities on the Cape Flats, but her leads never resulted in any arrests.
According to Lincoln, Jantjies’ sole aim was to use the AGU’s influence to get Adonis out of jail on bail.
Although he approached the National Prosecution Authority to arrange this, his efforts proved futile.
Judge Robert Henney has since prompted the State’s prosecution to retrieve the 29 audio recordings deleted from Jantjies’ cellphone.
The trial continues.
-EWN
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