The Anti-Gang Unit (AGU) officer, Sergeant Ashley Tabisher, is considering suing the state for wrongful prosecution.
This after court documents implicated AGU boss, Major-General Andre Lincoln, in meetings Tabisher had with the duo accused of being behind a grenade attack on murdered AGU commander Lieutenant-Colonel Charl Kinnear.
This was revealed by his lawyer Bruce Hendricks as Tabisher along with Modack, Zane Kilian, Jacques Cronje and Ricardo Morgan returned to the Blue Downs Magistrates’ Court on Wednesday.
The five men face an array of charges related to various incidents which led to the death of Kinnear, who was shot and killed at his Bishop Lavis home last year.
It’s the state's case that Modack masterminded the murder and had planned to bomb Kinnear's home by hiring someone to throw a hand grenade at the property while Kinnear's family was inside.
During proceedings yesterday, it was revealed that the defence teams had waited for the summary of evidence before the bail hearing could be heard and a charge sheet was sent to the lawyers recently.
But due to a positive Covid-19 case at the court, the matter was postponed to Monday.
The document came under scrutiny by Tabisher's lawyer who said the state had proved that Tabisher had been instructed by his own bosses at AGU to communicate with an alleged associate of Modack.
Modack allegedly conspired with Amaal Jantjies and her boyfriend Jenick Adonis to plan the grenade attack on Kinnear.
However, the same document suggests that during that time, Jantjies and Adonis had in fact met with Lincoln at the AGU headquarters where they worked with police by providing information on the location of illegal firearms.
Tabisher was part of the team of AGU cops responsible for transporting Adonis to court.
The state alleges that Jantjies corrupted Tabisher by giving him R10 000 and a cellphone worth R3500.
Hendricks says the court documents provide no proof of the exchange of a cellphone or the money.
“My client maintains his innocence. He was instructed and authorised by Major-General Lincoln and other superiors and commanders who we have already named.
“As per the charge sheet, it is clear that even the state knows that these members were involved in whatever was happening there.”
Hendricks said they will present evidence to court that Tabisher was issued a state cellphone to communicate with Jantjies.
"My client is getting a lot of support from other advocates that want to facilitate a civil claim for unlawful arrest and malicious prosecution,“ he said.
Lincoln did not respond to calls or texts for comment.