An application by alleged cop killer Zane Kilian to access information on his cellphones for his upcoming bail hearing was dismissed at the Blue Downs Magistrates’ Court yesterday.
The former rugby player returned to the dock along with alleged underworld kingpin Nafiz Modack, Jacques Cronje, Ricardo Morgan and Anti-Gang Unit officer Sergeant Ashley Tabisher for the case involving the murder of AGU cop, Lieutenant-Colonel Charl Kinnear.
During the lengthy hearing for the application made by Kilian’s attorney, Marius Botha, the court heard that Kilian could not properly apply for bail without the information on his cellphone that “will prove his innocence”.
The five men are set to go on trial on a string of charges relating to the death of Kinnear, and the attempted murder of top criminal lawyer, William Booth, among others.
According to the state’s case, the men are part of the “Nafiz Modack Enterprise” and Kilian allegedly illegally pinged the cellphones of Kinnear and Booth.
Botha said they requested information from the prosecutor which the defence team needed for the bail hearing.
“If the state alleges that they acted in common purpose, there must be a factual and legal basis otherwise you cannot make such an allegation,” said Botha.
“It says in the charge sheet that my client is associated and employed by the enterprise.
“In what capacity? How is he employed? We need this information.
“If the state’s evidence is strong against the accused, one of the aspects the court must take into consideration when deciding bail is the strength or the weakness of the state’s case and this request relates to that.”
State prosecutor Greg Wolmarans objected to the release of the information, saying the state was not required to “show its hand” in a bail hearing.
Reading an affidavit by the investigating officer Captain Pieter Joubert, Wolmarans revealed that the investigation had not yet been completed but was at a “critical” stage.
“The nature of certain digital and electronic information obtained by the police must be held back as its premature disclosure will enable the applicants to make efforts at derailing the investigation.”
To highlight the risk faced by the state, Wolmarans revealed that notes had been passed from Cronje to Morgan, who is out on bail, giving him instructions allegedly sent by Modack.
“On 28 May during court proceedings, a piece of paper was passed from accused 3 [Cronje] to accused 4 [Morgan].
“The latter is out on bail and the note was later handed in at the Mfuleni SAPS.
“It has a heading that reads ‘From Nafiz’ and says that a payment of money must be paid into the prison account of Cronje.”
Magistrate Deon van der Spuy ruled that Kilian could not get access to the information, saying: “The reasoning of the state in the heads of argument is sound. The application for further information is refused.”
The case was postponed to 24 June for the bail applications to begin.