The Anti-Gang Unit (AGU) sergeant implicated in a murder case alongside alleged underworld kingpin, Nafiz Modack had his motion to have a separate bail application denied in the Blue Downs Regional Court yesterday.
Sergeant Ashley Tabisher filed a motion to have his bail application finalised and dealt with separately than that of his co-accused in the case.
Last week, following an urgent application at the Western Cape High Court, Tabisher was granted R5 000 bail by Judge President Yahya Hlophe.
However, the National Prosecuting Authority (NPA) spokesman Eric Ntabazalila said that as soon as they learnt of these developments, the NPA challenged his release.
body copy_bold: “The court was made aware of what the NPA considered highly questionable and the Judge President agreed with the State and rescinded the order,” he said.
Tabisher and Modack along with Zane Kilian, Jacques Cronje, Ricardo Morgan, Jannick Adonis and Amaal Jantjies have been accused of being members of the “Nafiz Modack Enterprise” which the state claims is behind the plot to kill AGU commander Charl Kinnear and his family.
Tabisher allegedly accepted a R10 000 bribe and a cellphone from Jantjies to leak information about planned AGU raids on Modack’s homes.
However, Tabisher claims he was only acting on instruction from his commanding officer at the time, Major-General Andre Lincoln.
Yesterday, his defence, Advocate Bruce Hendricks, said his client nearly suffered a heart attack or stroke after spending 200 days in the mang.
When the state handed an affidavit over from healthcare workers at Goodwood Prison to say they were more than adequate to treat Tabisher, Hendricks stated his client was rushed to a hospital outside the prison on Wednesday and questioned the affidavit.
The state argued that more resources would be needed to conduct a separate bail hearing, and the court found in the state’s favour.
As he was being led from court, Tabisher said: “Justice delayed is justice denied.”
The matter has been postponed until 8 December.
IOL