Alleged underworld kingpin Nafiz Modack has again delayed his High Court trial after refusing to allow the Legal Aid Board to appoint a lawyer for him.
After months of delays, it was revealed during court proceedings yesterday that the main accused of being behind the murder of Anti-Gang Unit (AGU) detective Lieutenant-Colonel Charl Kinnear has now lodged an appeal.
Modack is set to stand trial along with several other accused later this month for the mammoth underworld trial where they face over 3000 charges, including a grenade attack on Kinnear’s home, pinging the cellphone of Kinnear and other high-ranking cops, as well as the attempted hit on William Booth, fraud, corruption and racketeering charges.
National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, says Modack applied for Legal Aid to represent him and was initially successful.
However, Modack then requested that Legal Aid allow him to be represented by his current defence Advocate Schalk van der Merwe and also bring on former counsel Advocate Dirk Uys while Legal Aid foots the bill.
Judge Mark Sher called Russel Cloete from Legal Aid to explain what had transpired and he told the court that Modack insisted on a legal representative of his own.
Ntabazalila adds: “He further told the court that Legal Aid had a database from which they chose legal representatives and both Van der Merwe and Uys were not credited. “He indicated the challenges Legal Aid would have if each accused was allowed to choose [their] own legal representative.”
It was revealed that Modack had since appealed the decision by Legal Aid and should this appeal be denied, he could appeal with the provincial and national offices.
Ntabazalila says: “The State noted what was put before court and expressed its unhappiness as it believed that the latest developments were a pathetic attempt at delaying.
“The State is ready to start the trial and its witnesses have been subpoenaed.”
The court also heard that co-accused Zane Kilian has approached Legal Aid but that while some legal representatives were not available, others “were not inclined to accept the case.”
Modack’s younger brother, Yaseen, had also not yet finalised his legal representations and was warned that failure to do so will see him being held in contempt of court.
Meanwhile former AGU officer, Ashley Tabisher confirmed once again that he will represent himself despite warnings on the seriousness of the charges.
The case was postponed to 29 January.