Witness tells how he tried many times to kill lawyer involved with gangsters

Crime boss wanted revenge after 'his lawyer' Peter Mihalik was murdered

26 March 2024 - 23:02 By Kim Swartz
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Nafiz Modack and bodyguards outside the Cape Town regional court during a previous appearance. File photo.
Nafiz Modack and bodyguards outside the Cape Town regional court during a previous appearance. File photo.
Image: Esa Alexander

A self-confessed hitman who killed the father of a former Hawks officer on Tuesday  told the high court in Cape Town that alleged underworld crime boss Nafiz Modack wanted an “eye for an eye” after Jerome “Donkie” Booysen had Modack's lawyer Peter Mihalik killed.

State witness “Mr A” said he received an image of a white male, known as Andre Naude, from Ziyaad Poole and was given instructions to “go to his house, press the intercom and say 'Donkie' sent him and [then] shoot him”.

“Donkie” is Jerome Booysen, an alleged gang leader.

Mr A told the court he questioned why he couldn't make the hit in the streets and why he physically had to go to the front door. He said he was told by Poole that Naude had a bulletproof car and had been shot at previously.

He told the court because his 38 revolvers were taken in by police officials, he had to borrow a gun from another associate named Glen.

Mr A said when he arrived at Naude's home, a woman had opened the door and was confused. He decided to walk away.

Mr A told the court that he told Poole that Naude was not home and that a woman had opened the door. He was instructed to wait a bit longer but decided he would rather return the next day. 

The next day he went back to Naude's home and while waiting, Poole sent him an image of prominent lawyer William Booth and asked what needed to be done with him. Poole told him that Modack believed that Booth was Donkie's lawyer and that Donkie had Modack's former lawyer, Mihalik, killed.

Mihalik was killed in a hit in 2018 as he dropped off his son. A man walked up to his Mercedes-Benz GLE 63 and fired two shots through the driver’s window.

Poole said that Mr A would receive R3m for the hit on Booth and it would be “an eye for an eye”. He was promised a  new firearm as the one he had sourced was “problematic”.

The witness told the court later that day he met Poole in Maitland and was told Booth was at a hotel in Newlands with a client and was driving a black Mercedes-Benz. He was instructed to follow him and shoot him.

He located the car, sent images of it to Poole to confirm if it was Booth's but then fell asleep during the stakeout and woke up to find the vehicle was no longer there.

Mr A told the court that he then met Poole in Kensington where he was in a white BMW along with a male who had “flamed tattoos” on his face. He received money for petrol and food and was given Booth's home address.

He said that the address was in Bishopscourt and sent images of the house to confirm with Poole if it was the correct home. It  was confirmed.

The next day, Poole instructed that Mr A go to the location in the early hours of the morning — before Booth left for court — and kills him.

He told the court that he waited but did not seen Booth. Poole later told him that Booth no longer lived there.

Mr A said that he went later went to the Wynberg magistrate's court and saw Booth sitting outside a courtroom. He told Poole that he was there.

He then parked his new Chevrolet vehicle that Poole had given him for the Naude and Booth job at a nearby petrol station and sent Poole a video of Booth's vehicle.

Mr A tried to assassinate Booth that afternoon but failed. He said when Booth went to his vehicle during lunchtime, he saw other individuals around him and therefore aborted the job.

Poole then told Mr A that Booth was going to Worcester the next day and he had to follow up.

He said when he saw Booth's vehicle outside the court there police officials there and Poole instructed him to leave and put the Booth job on hold. 

Despite several tries, all attempts to kill Booth failed.

The matter returns to court on Wednesday when Mr A is expected to continue his testimony. 


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