Maverick Citizen


More delays as Charl Kinnear murder accused switches legal representative in bail hearing

More delays as Charl Kinnear murder accused switches legal representative in bail hearing
Murder accused Zane Kilian consults with his lawyer Eric Bryer and his new advocate Marius Botha in the Bellville Regional Court on Thursday, 4 March 2021. (Photo: Vincent Cruywagen)

Zane Kilian was arrested on 23 September 2020 and, after five months, his bail application has still not been finalised.

Murder accused Zane Kilian’s new legal representative, Marius Botha, on Thursday asked the Bellville Regional Court for more time to familiarise himself with the case and meet with his client.

Kilian was arrested in connection with the assassination of Anti-Gang Unit section head Lieutenant-Colonel Charl Kinnear. 

Botha told the court that since taking over the matter on Monday, he had difficulty getting access to consult with Kilian, who is being held at Goodwood Prison.

Botha came aboard after advocate Johan van Aswegen withdrew from the matter, citing a conflict of interest. Kilian is accused of being part of a plot that claimed Kinnear’s life on 18 September 2020.

Kinnear was gunned down in broad daylight in front of his house in Gearing Street, Bishop Lavis, Cape Town. The State contends that Kilian pinged Kinnear’s cellphone 2,408 times and that this was instrumental in the execution of the murder plot.

Before proceedings got under way on Thursday Kilian removed the navy blue T-shirt he had arrived in to reveal a white T-shirt with the hand-written slogans: “#I’m not guilty, it wasn’t me finding the shooter, finding the truth!!, #Scapegoat # I was set up!!, #Framed #Get the true story!!, #SAPS Cover up #Inside job!!, #God Knows the Truth Psalm 23!!, #Where is the Shooter #5 months no shooter identified!! I want Bail, NIX143 #Lost everything unfair!! #StandforTruth  #I’m not a murderer!!”

Botha told the court he needed to obtain a response from Kilian to affidavits by two investigators.

In the replying affidavit Kilian will have an opportunity to respond to the allegations levelled against him in two affidavits compiled by Hawks investigators Captain Pieter Joubert and Captain Edward du Plessis.

In the affidavits, now part of the court record, the investigators indicated that Kilian’s role in the commission of the murder was “integral”, that the accused had initially lied about a Mr Mohammed who, he said, had asked him to track the phone of his wife but later admitted did not in fact exist.

The true identity of the man, now referred to as Mr X, was divulged by the investigators.

Their affidavits also showed similarities between the tracking of Kinnear’s cellphone and the failed attempted murder of criminal lawyer William Booth on 9 April 2020 at his house in Cape Town.

State prosecutor Greg Wolmarans argued that both the State and defence had closed their cases and the defence was now seeking to reopen the matter to place additional information before the court.

“At this stage the State is opposing this request. The State also doesn’t know what the additional information entails and wants to consider the contents of the replying affidavit. Once Mr Botha places the replying affidavit before court, the State will consider it and make an informed decision,” Wolmarans said.

After a short adjournment the magistrate granted the new legal team an opportunity to obtain the replying affidavit from Kilian.

Kilian was arrested on 23 September 2020 and after five months his bail application has still not been finalised. He will be back in court on Thursday 11 March, when both the prosecution and defence indicated they would be ready to present final arguments. DM/MC


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