Africa-Press – South-Africa. Businessman and murder accused Nafiz Modack is appealing the refusal of his bail, in an application heard at the Western Cape High Court on Monday.
“It is such a [woolly] story, with respect,” said Uys.
Modack was not present, but his supporters kept up their vigil outside court, with one holding a heart-shaped balloon with the words “I love you” printed on it.
Laminated messages of support hung around their necks.
His charges include the murder of Anti-Gang Unit detective Charl Kinnear and the attempted murder of lawyer William Booth.
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Uys said the accusation that Modack was involved in the extortion of a Booth client, a financier, in a scene which began at a Century City hotel boardroom, could easily be disproved by noticing that the cellphone location tracking, allegedly by co-accused Zane Kilian, did not match the alleged extortion timeline the police had presented.
He said the two people who took a plea deal for their role in the attempted murder of Booth, did not say they were working on Modack’s instructions. They merely mentioned a person who was sending instructions from prison, and Modack was not in prison nor in custody at the time, said Uys.
Bail was refused by the Blue Downs Regional Court, but Uys submitted that there was no evidence directly linking Modack to any of the planning before either of the attacks.
The application is being heard by Judge Mark Sher, who questioned why Modack should be granted bail if he faced serious charges in other courts.
“It is serious stuff,” said Sher, referring to a firearms racket case running in a Kempton Park court.
Uys submitted that Modack was being “punished” by being kept in custody, when he could very well be acquitted.
The application continues.
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