INADMISSIBLE: Nafiz Modack
AUDIO recordings by alleged underworld kingpin Nafiz Modack took centre stage at the Western Cape High Court on Tuesday.
A vrag allegations against the Anti-Gang Unit (AGU), high-ranking police officers and dik dinge such as Mark Lifman were heard as Modack returned to the witness stand.
After days of delays, Modack’s grand plan to allegedly expose information not previously known to the public left much to be desired as it was found that the short audios stemmed from conversations with his former friend, Mohamed Hanware.
Hanware, who was a State witness, took the stand last year where he told Judge Robert Henney that he floused Modack into believing that he had corrupted former top cop Major- General Jeremy Vearey.
Hanware claimed that while Modack believed he was paying corruption monies to Vearey via Hanware, he told Modack liegstories to recover money that Modack had owed him.
In the short clips played in the courtroom, Modack identified each short conversation saying the recordings were proof of what he had been told by Hanware.
These included allegations that Lifman had instructed Vearey to have him killed in the mang.
In a recording with a man identified as “Spencer Dunlop”, Modack says he was informed that the AGU had been used as a “personal hit squad” to murder innocent people. While Modack claimed “Spencer” was an officer stationed at AGU, his lawyer told the court he had been unable to trace him.
Henney ruled that the information regarding Spencer would be ruled as inadmissible if the alleged police officer could not be traced.
Modack also claimed police were behind the murder of Kinnear.
Questioned by lawyer Bash Sibda why he thought this, Modack says: “Infighting between his bosses and crime intelligence, my Lord.”
But Judge Robert Henney asked if he was expressing an opinion or does he have first-hand knowledge that the police were responsible for the killing of Colonel Kinnear.
He answered: “My Lord, Colonel Kinnear had a 59-page affidavit in which he complained to the national commissioner General Sithole…
“And in that 59-page affidavit there was information that crime intelligence was standing outside his house surveilling his house.”
Modack conceded that he had no personal knowledge of who was responsible for the murder of Kinnear and Henney said: “If you can’t testify about that then that evidence is inadmissible.”
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