Key Takeaways:
- Nafiz Modack, an alleged underworld figure, was questioned in court about using 18 SIM cards on one phone.
- Modack denied using the SIM cards to orchestrate the assassination of Lieutenant-Colonel Charl Kinnear.
- The State argued that the use of SIM cards and cellphone-locating technology was necessary for the assassination.
- Modack’s lawyer, advocate Bash Sibda, argued that the shooter did not need to use pinging technology to locate Kinnear’s home.
- The court proceedings were marked by controversy, with the defence team objecting to the relevance of certain evidence.
Introduction to the Case
The Western Cape High Court was the scene of a dramatic and intense cross-examination yesterday, as alleged underworld figure Nafiz Modack was grilled over his use of 18 SIM cards on one phone. Modack, who is accused of orchestrating the assassination of Lieutenant-Colonel Charl Kinnear, denied any involvement in the crime. The prosecution, however, argued that the use of multiple SIM cards and cellphone-locating technology was a key part of the assassination plot. As the trial continues, the court is expected to hear more evidence and testimony from key witnesses.
The SIM Card Controversy
At the centre of the controversy is Modack’s use of 18 SIM cards on one phone. The prosecution argued that this was evidence of Modack’s involvement in the assassination, and that the SIM cards were used to communicate with co-accused Zane Kilian. Kilian is also facing charges of illegally intercepting cellphone information using the LAD platform, a cellphone-locating technology. However, Modack denied that he had used the SIM cards to communicate with Kilian, or that he had any involvement in the assassination. The defence team, led by advocate Bash Sibda, argued that the prosecution’s case was based on circumstantial evidence, and that there was no concrete proof of Modack’s involvement.
The Role of Cellphone-Locating Technology
The prosecution argued that the use of cellphone-locating technology, such as the LAD platform, was necessary for the assassination. They claimed that given the previous attempt on Kinnear’s life, it would have been too risky for the assassin to hang around outside his home without using pinging technology to locate him. However, the defence team disagreed, arguing that the shooter had already been outside Kinnear’s home for several hours before the shooting, and that CCTV footage showed the shooter casing the area. The defence team also argued that the shooter would not have needed to use pinging technology to locate Kinnear’s home, as they had already been in the area for some time.
The CCTV Footage
The CCTV footage of the shooting was not played in its entirety in court, with Judge Robert Henney ruling that it was not relevant to the case. However, the defence team argued that the footage showed the shooter casing the area, and that this was evidence that pinging technology was not necessary. The prosecution, on the other hand, argued that the footage was not conclusive, and that the use of pinging technology was still a possibility. The controversy over the CCTV footage highlights the complexities of the case, and the challenges faced by the prosecution and defence teams in presenting their arguments.
The Defence Team’s Strategy
The defence team, led by advocate Bash Sibda, has been vocal in their objections to the prosecution’s case. Sibda has argued that the prosecution’s evidence is circumstantial, and that there is no concrete proof of Modack’s involvement in the assassination. The defence team has also highlighted the inconsistencies in the prosecution’s case, and has argued that the use of cellphone-locating technology was not necessary for the assassination. As the trial continues, it is likely that the defence team will continue to challenge the prosecution’s evidence, and to argue that Modack is innocent of the charges against him.
The Reaction Outside the Courtroom
The court proceedings were marked by controversy, with shouts of "Sibda is the best lawyer and we vote for Sibda" heard outside the courtroom. Co-accused Toufeek "Bubbles" Brown was also seen cheering on the defence lawyer, saying "tel op Sibda". The reaction outside the courtroom highlights the high stakes of the trial, and the intense interest in the case. As the trial continues, it is likely that the drama and controversy will only continue to grow, with the outcome hanging precariously in the balance.
