The Western Cape High Court has closed Nafiz Modack’s defence case, marking a major turn in the long-running trial linked to the murder of Anti-Gang Unit detective Charl Kinnear.
Judge Robert Henney ruled on Wednesday that Modack was unable to continue with his case. The decision followed repeated delays linked to witnesses who were either not secured or could not take the defence case further.
Henney said there were enough facts before the court to justify closing the defence case.
The ruling came after the State argued that Modack’s repeated delays had slowed the trial and affected the administration of justice.
State Said Delays had Gone Too Far
Earlier in the week, prosecutors asked the court to step in and end Modack’s defence case.
The State argued that the delays were no longer reasonable and said the court had the power to act under the Criminal Procedure Act.
Modack’s lawyer, Advocate Bashier Sibda, told the court that his client had recently supplied a new list of witnesses. However, the court heard that those witnesses could not move the case forward.
Henney had previously warned that the matter could not keep being postponed. He also said the other accused needed clarity so they could prepare their own defences.
Kinnear Family Reacts to Ruling
Charl Kinnear’s widow, Nicolette Kinnear, described the closing of Modack’s defence as long overdue.
Kinnear was killed outside his Bishop Lavis home in September 2020. His murder forms part of the wider case before the court.
Modack is on trial with 14 others in a case involving more than 120 charges. These include murder, racketeering, corruption, money laundering and other alleged crimes.
The accused have pleaded not guilty.
Trial Moves to Co-Accused
The trial is not over.
After Modack’s defence case was closed, proceedings were set to continue with the case of co-accused Ziyad Poole.
Poole faces 122 charges and is alleged by the State to have been Modack’s “co-manager”.
The ruling places fresh pressure on the remaining accused as one of the Western Cape’s most closely watched organised crime trials moves into its next phase.
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