The lawyer for alleged underworld kingpin, Nafiz Modack, has been granted an extension by the Western Cape High Court before the cross-examination of the Hawks detective.
After several delays in the cross-examination of one of the state’s star witnesses, Judge Robert Henney ruled that in order to have a fair trial, Modack’s Legal Aid lawyer, Advocate Bash Sibda, must be allowed more time to consult with his client.
This comes amid testimony by Hawks detective, Captain Edward Du Plessis, who unpacked the majority of the charges relating to the pinging and tracking of slain Anti-Gang Unit detective Charl Kinnear ahead of his death as well as the botched hit on attorney, William Booth.
Du Plessis also put a spotlight on a bank account for Empire Investments that was used by Modack and his co-accused.
He further highlighted digital evidence found on the cellphone of accused Zane Kilian where he discovered a gallery of screenshots which he says implicates Modack in the tracking of Kinnear and Booth.
Addressing the court, Sibda informed Henney about difficulties experienced while consulting with Modack at Goodwood Prison. He did not elaborate on the difficulties but asked for a three day postponement.
Henney said he agreed, adding that there were many issues raised in Du Plessis’ evidence that needed to be addressed by Modack.
“There is also the attempted murder and murder charges of Colonel Kinnear and attempt on Booth and you cannot just consult overnight. Ultimately it is about a fairness of a trial,” the judge explained.
State prosecutor Advocate Greg Wolmarans told the court that while the cross examination of the Hawks would be held over to next week, the state is ready to bring a new witness.
Wolmarans said the person testifying is under the witness protection programme and is the final witness to testify regarding the attempted murder of Booth.
monique.duval@inl.co.za