Nafiz Modack (left) and co-accused Zane Kilian appear in the Western Cape High Court in Cape Town during preliminary hearings on 29 January 2024. (Photo: Gallo Images / Die Burger / Jaco Marais 
Modack and his brother Yaseen appeared before Judge Henney on Friday, where Henney reiterated Modack’s right to a lawyer. He ordered that legal aid for Modack be quickly finalised so the trial can proceed.
The decision to supply a lawyer is currently being considered by the national Legal Aid board.
Henney told the Legal Aid manager Russell Cloete that Modack is entitled to legal aid and that the “National Legal Aid board should carry out the decision I made in this respect”.
“Any other issues that the legal aid board wants to investigate or information they want from Modack, should be done separately.”
/file/dailymaverick/wp-content/uploads/2023/07/Caryn-Ex-cops-death-threats-4.jpg "Charl Kinnear was assassinated outside his home in Bishop Lavis, Cape Town. (Photo: Noor Slamdien)")
Modack and 14 co-accused are collectively facing 124 criminal charges in the trial, which include murders, attempted killings, corruption, gangsterism and communication interception.
Modack and Kilian are the main accused in the killing of Kinnear on 18 September 2020. They have also been charged with attempting to murder criminal lawyer William Booth on 9 April 2020. Main accused Nafiz Modack requested that the state should provide him with an annexure of the whole pinging list on Monday.
Read more in Daily Maverick: ‘Cops killed Kinnear and I have proof’, Nafiz Modack tells high court
It was alleged in the list of pingings that Modack and the co-accused unlawfully intercepted the mobile devices of, among others, Kinnear, alleged 28s gang boss Ralph Stanfield, as well as of City of Cape Town safety and security mayoral committee member JP Smith.
Legal aid woes
Cloete, while addressing the court, confirmed that the legal representations of the other accused — which include murder c0-accused Zane Kilian, Fagmeed Kelly and Jacques Cronje — have been sorted out.
“The only outstanding issue is that of Nafiz Modack. The Legal Board requested additional information from Modack on Tuesday, 14 February and we have received a response from him.” The matter is being assessed before the national board, who will take a decision about whether it is sufficient.
/file/dailymaverick/wp-content/uploads/2023/05/vince-modack-friday-pretrial-05.jpg "Nafiz Modack’s mother Ruwaida, passes her son Yaseen after appearing at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)")
He told the court that there was a meeting on Friday morning, saying that “discussions took place and I’m not privy to what was said or decided at this stage”.
But Henney underlined the order he gave — that Modack is entitled to legal aid still stands — and the legal aid board should come up with reasons why they want to withdraw legal representations made to him.
The judge also noted a possibility in the way forward is to have a separation of trial, where the court can make a ruling that Modack be tried separately from the rest.
/file/dailymaverick/wp-content/uploads/2024/02/0000274033.jpg "Judges David Willie, Mustak Parker and Robert Henney arrive for the private memorial service of slain lawyer advocate Pete Mihalik on 12 November 2018 in Cape Town. Mihalik, 50, was shot and killed while dropping his kids outside Reddam House Atlantic Seaboard School in Green Point. He was remembered in a private memorial service held at the Centre for the Book. (Photo: Gallo Images / Netwerk24 / Jaco Marais)")
Representation terminated
Advocate Guma, who formerly represented the alleged 28 gang boss Ralph Stanfield, confirmed his termination from representing Yaseen Modack.
He told judge Henney that a new legal team has been appointed for Yaseen, and that there has already been a handover consultation of documents with the newly appointed team for the accused to start his plea on Monday.
/file/dailymaverick/wp-content/uploads/2023/05/vince-modack-friday-pretrial-06.jpg "Nafiz Modack appeared with 14 co-accused at the Cape Town High court on 5 May 2023. (Photo: Daily Maverick)")
Yaseen confirmed to Judge Henney that he had a consultation on Wednesday with his new legal team, and that he has sufficient funds to pay legal aid to continue throughout the trial.
The trial resulting from cop Charl Kinnear’s September 2020 assassination outside his Cape Town home continues, with Modack and 14 co-accused expected to be back in the dock on Monday, 19 February. It would also be anticipated that Modack will have a legal aid lawyer to represent him. DM