Africa-Press – South-Africa. The Department of Correctional Services won’t let Nafiz Modack have visitors to discuss the funding for his criminal trials until the Hawks have done background checks on the potential donors he wants to meet, the Western Cape High Court heard on Friday.
Judge Nathan Erasmus heard the Hawks want to first vet any potential visitors Modack will meet to ask for help.
So, Modack proposed, through his lawyer, that he give the boss of Helderstroom Prison a list of cellphone numbers that he can phone – with no names provided.
The prison authorities will most likely listen to the call, but that could remove the security risk they are worried about.
This means, though, that his lawyer is still not assured of payment throughout the trial.
Modack has been warned repeatedly to either appoint a private lawyer or apply for Legal Aid.
His previous lawyer, Dirk Uys, withdrew because of the distance involved in driving from Cape Town to Helderstroom Prison, where Modack is held outside Caledon in the Western Cape.
Modack’s problems consulting his legal team have been resolved through a link set up for virtual consultations and permitting him to speak to his lawyer for two hours a day between Monday and Friday in this manner.
They have had a four-hour consultation already instead of the usual 20 minutes allowed.
The state is also arranging for a “sanitised” laptop with no internet connection to be provided so that he can read through the voluminous indictment.
Modack is a co-accused in a VAT fraud case that also implicates tax practitioner Faried van der Schyff, Modack’s mother Ruwaida Modack, his brother Yaseen Modack, Bashier Syce, Nadia Sait, Dominique McLachlan, Kulsum van der Schyff and Layla Bedderson.
They are accused of pulling off a R46-million VAT fraud scheme involving a cottage industry of allegedly fake VAT refund claims.
According to an indictment, collectively, they face 711 charges relating to the SA Revenue Service paying out R46 651 794 in tax refunds which the service contends were not due to them and their companies.
Regarding the murder and racketeering trial sparked by the murder of Anti-Gang Unit detective Charl Kinnear, Erasmus set a to-do list for all of the accused’s lawyers so they can be ready for trial, which is expected to begin at the start of 2024.
To get things going smoothly and avoid wasting time, Erasmus told the lawyers to have their possible plea agreements and admissions done by then.
Modack is usually transported over the mountains in a fortified police truck under heavy guard for his court appearances, but on Friday he appeared via a video link.
He missed the VAT fraud case, but a link was set up midway through the murder and racketeering case. Erasmus said it might have been related to confusion over road conditions during the taxi stayaway in the Western Cape, which ended on Thursday night.
Modack was asked to remove his yellow “awaiting trial” prison jacket because Erasmus refused to have people appear before him in prison clothes.
Modack, Zane Kilian, Ziyaad Poole, Moegamad Toufeek Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Jacques Cronje, Petrus Visser, Janick Adonis, Amaal Jantjies, Modack’s brother, Yaseen, Mogamat Muhakadam and Ricardo Morgan are on the hook in the murder trial.
All except Morgan and Modack have a lawyer who has been given the assurance of payment.
Besides the Kinnear murder, many are also charged with the murder of a former Hawks officer’s father, Nicolaas Heerschap; tow truck driver Richard Joseph; and Cubana Green Point bouncer Pitshou Falanga, as well as the attempted murder of lawyer William Booth.
The group looked fresh in crisp white shirts, T-shirts or hoodies, with Fabiani and Boss the labels of choice. Tabisher wore a tie for the occasion while Visser opted for skiing glasses arranged upside down on the back of his shaved head.
“We are not going to delay the matter much further,” vowed Erasmus.
Both matters were postponed to 13 October.
However, the prosecutors still have to agree on which trial will start first, given the overlap of the accused in both matters.
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