'Don't challenge me again,' judge tells alleged underworld boss Nafiz Modack

A Cape Town high court judge warned an alleged underworld boss on Thursday not to explain why he was pleading not guilty to the murder of a seasoned police detective.

Nafiz Modack, 41, was reprimanded by judge Robert Henney after telling the court: “I never killed Col Kinnear, the police killed him. I even have evidence to prove it.”

Modack and 14 co-accused are on trial facing 124 charges, including being part of an alleged “enterprise” run by Modack, unlawful interception of communications, murder, attempted murder, intimidation and kidnapping.

Lt-Col Charl Kinnear was shot dead in his car outside his home in Bishop Lavis in September 2020. The Sunday Times previously reported that, at the time, he was investigating a “guns to gangs” syndicate at the police Central Firearms Registry.

Henney ruled the trial will start on Monday with the entering of pleas, while Modack waits for a lawyer to be appointed by Legal Aid South Africa.

Modack insisted on giving a plea explanation on Thursday in relation to Kinnear's assassination-style murder, but Henney denied his request.

“Don't challenge me again. We made an agreement and are of the understanding that you are not going to reveal your defence,” said Henney.

Former rugby player and co-accused Zane Kilian, 41, told the court he was exercising his right to remain silent by wearing a jersey bearing the slogan “not guilty”. 

Modack and Kilian pleaded not guilty on Wednesday to charges related to 3,000 unlawful interceptions of cellphone data to monitor individuals, including City of Cape Town safety and security MMC JP Smith, businessman Mark Lifman, lawyer William Booth and Kinnear.

Kilian denied involvement in an attempted hit on Booth.

Fagmeed Kelly, 36, implicated in the murder of Nicholaas Heerschap, asked the court on Wednesday if he could see a doctor after being involved in a crash while travelling to prison in Paarl.

Heerschap, father of former Hawks officer Nico Heerschap, was shot dead in an apparent case of mistaken identity outside his home in 2019. 

The trial continues.

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