ALLEGED underworld kingpin Nafiz Modack is drukking for the recusal of a judge who is expected to preside over his “tax matter” trial.
This after the judge had already dealt with a previous bail appeal at the Western Cape High Court.
Modack was arrested by the Hawks in 2020 and faces charges of defrauding the South African Revenue Service (SARS) out of R46 million.
Advocate Bash Sibda, Modack’s representative, told the court on Thursday that in order for his client to have a fair trial, Judge Mark Sher must step down from the matter.
The application highlights that Sher had previously presided over Modack’s bail application in March 2023 in the case where he stands accused of murdering cop Lieutenant-Colonel Charl Kinnear.
The court documents read that Sher’s judgment states: “In my view, ...Modack [is]... a danger to society and needs to be be kept inside a correctional facility, pending the outcome of their trials.”
Sibda stated in his recusal application: “The thrust of my argument is only on the perception. The reason for the possible apprehension of the public is not something that they conjured up; it rests firmly on the very objective reality of the findings of the bail application [appeal].”
Judge Sher agreed that it is the right and proper thing to do to ensure Modack does have a fair trial.
The State said that they would consider their position and a finding on the recusal would be delivered in July, while the trial is set to start on 28 July.