Alleged underworld figure Nafiz Modack wants evidence against him in a murder trial to be declared inadmissible.
According to his legal counsel, it is “hearsay” and aimed at linking him to multiple crimes.
This week, Modack’s counsel submitted their heads of argument in the application to the Blue Downs Magistrates’ Court where Modack and his co-accused – Zane Kilian, Jacques Cronje and Ashley Tabisher – continue to pursue their bail applications.
Another co-accused, Ricardo Morgan, is out on R50 000 bail.
The application was brought to declare “inadmissible and to disregard specified and itemised portions of the information” placed before the court in the State’s opposition to bail, reports the Cape Times.
“It is submitted that the State seeks to link Modack to the perpetration of a multiplicity of crimes by means of indirect evidence, inference, lay opinions, speculation, hearsay evidence and inadmissible evidence.”
The evidence includes voice and video recordings, SMS and WhatsApp exchanges which, the State says implicates Modack for his alleged role in a plot to murder top cop Charl Kinnear last year and a failed hand grenade attack at the slain officer’s home in 2019.
Modack’s counsel, Danie Dörfling, submitted that the State’s arguments “are fatally flawed”.
He said it would be unfair if this information impacts Modack’s bail application negatively, when the State has not demonstrated that it will be able to use this information as evidence during the trial.
Dörfling said the evidence the State wished to submit contained a “multitude of opinions” by police officers, which was often of a “speculative nature” as the officers had an agenda to keep Modack behind bars.
That “places a serious question mark over the reliability of this evidence”.
He cautioned the court not to rubber- stamp the opinions of the officers if they were to accept the evidence submitted by the State.
Modack and his co-accused are expected back in court on Friday, when the State is expected to present its arguments.