Two underworld kingpins and their co-accused wants the State to drop charges of extortion and money laundering against them, saying there is no evidence linking them to the case.
The defence counsels for Nafiz Modack, Colin Booysen, Ashley Fields, and Jacques Cronje brought forth an application in the Cape Town Regional Court yesterday under Section 174 of the Criminal Procedure Act.
The four have been charged with money laundering and extortion, linked to a violent takeover of the local nightclub security industry.
The fifth accused, Carl Lakay, was murdered in the driveway of his Goodwood home in August last year.
The group was nabbed in December 2017 for allegedly trying to extort R369 000 from The Grand Africa Cafe and Beach near the V&A Waterfront.
That amount was later reduced to R90 000.
Modack’s defence, Advocate Dirk Uys, said the state did not have a case against his client.
“There is no evidence linking the accused to the offences. The witness evidence fails to make a case. There must be an element of threat in some nature,” Uys submitted.
He said the State’s star witnesses were unreliable.
Radley Dijkers and Stuart Bailey, who work at the Grand, testified they were not physically threatened.
Uys told the court: “It was made apparent by the witnesses there was no oral or physical threat. Much of the fear they had was based on what they read in the media.”
Advocate Bruce Hendricks, representing Booysen and Fields, said there is a conspiracy against his clients.
“One of the witnesses concedes my clients were never in contact with him. He concedes he spoke about this matter to others and sought help from (the accuseds’ business rival) Mark Lifman which shows outside forces are at play,” Hendricks submitted.
But State Prosecutor, Advocate Mervin Meningo, argued he had enough evidence against Modack, Booysen and Cronje to secure a conviction.
“The State, however, is not opposed to the court finding or giving an acquittal to accused three (Fields),” Meningo said.
Judgement is set for 20 February.