Alleged kingpin Nafiz Modack and his family received over R9 million in just two years from a dodgy bank account.
This was revealed by Hawks detective, Captain Edward du Plessis, at the Western Cape High Court on Tuesday, as the murder trial of slain Anti-Gang Unit detective, Lieutenant- Colonel Charl Kinnear, continues.
Du Plessis told the court that bank statements proved that in just two years the Modack family received over R9 million from the Empire Investments account.
He said despite Modack’s claims that he was being extorted by former Major-General Jeremy Vearey, court papers from the Gauteng High Court showed that while Modack had applied for civil action against cops, he allegedly continued paying them.
The Modack family was dealt another blow when Judge Robert Henney ruled that there was no prohibition on publicly naming Modack’s wife, Rehana Ismail, as she was a co-applicant at the Gauteng High Court.
Bank records show that of the R9 million sent to the Modack family, Rehana received just over R455 000.
Meanwhile, the Elsies River vrou accused of conspiring with Modack to launch a grenade attack on the home of Kinnear has challenged the admission of her cellphones into evidence.
The challenge by Amaal Jantjies caused a ruckus as legal teams went head-to-head over the content of the cellphones taken at the time of her arrest.
While cops were unable to access Modack’s cellphone as he allegedly forgot his pin code, it is understood that the digital evidence on Jantjies' phones, including voice notes, will show that Modack conspired with her to murder Kinnear.
Her Legal Aid lawyer Advocate Pauline Andrews said the confiscation of the phones were unconstitutional as she called on the court to rule that the records should not be admitted into evidence.
Jantjies along with her former berk Janick Adonis face over 10 charges linked to the planned grenade attack on the Kinnear family.
Adonis has always disputed the State’s evidence, saying it was part of a plan concocted by cops. He further claimed cops wanted to lure Modack into a trap in order to kill him.
Jantjies has accused former commander Lincoln of aiding in her crimes.
Andrews told the court that Jantjies was not informed of her constitutional rights when she was arrested and further claimed that files had been removed from the cellphones.
But State advocate Blaine Lazarus objected, saying it was Jantjies who elected to use the same data to defend herself in her bail hearings.
Henney questioned Andrews, saying Jantjies claims that the cellphones were taken unconstitutionally but then later using the same cellphone in her bail hearings was laughable.
A trial-within-a-trial regarding the issue will commence today, with Lincoln expected to take the stand.
Meanwhile the warning statement of former AGU officer Ashley Tabisher was read into the court record.
Tabisher, who is charged with corruption, is accused of conspiring with Jantjies and Adonis to provide information of when the elite unit planned on reading Modack’s homes.
In the statement, Tabisher denied receiving money and a cellphone form Jantjies, but it was revealed that he knew of a plot to murder Kinnear.
He also claimed the plan for the grenade attack was not discussed at the AGU base.
But Andrews told the court that Jantjies was adamant that the grenade attack was planned at the base in the presence of Lincoln.