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NAFIZ MODACK’S PHONE USED WITHOUT CONSENT

NAFIZ MODACK’S PHONE USED WITHOUT CONSENT

Key Takeaways

Introduction to the Trial
The murder trial against alleged underworld figure Nafiz Modack has reached a critical juncture, with the final day of cross-examination providing a glimpse into the complex web of alleged hits, loyal lieutenants, and criminal ties that the State claims Modack is involved in. The Western Cape High Court has heard a plethora of evidence, including the alleged link between Modack and 18 SIM cards used in his phone to communicate with co-accused Zane Kilian. Kilian faces charges of illegally intercepting cellphone information through the illegal LAD platform, which has been a focal point of the trial.

Modack’s Denial of Involvement
Throughout the trial, Modack has stuck to his mantra of "It wasn’t me," denying any involvement in the alleged crimes. Despite the State’s efforts to paint a picture of Modack as a key figure in the underworld, he has consistently maintained his innocence. The prosecution has presented evidence of WhatsApp messages between Modack and Kilian, but Modack has denied that he was the one communicating with Kilian on the messages in question. This denial has been a consistent theme throughout the trial, with Modack insisting that he is not responsible for the alleged crimes.

The Role of Co-Accused Ziyaad Poole
State Prosecutor Greg Wolmarans has suggested that co-accused Ziyaad Poole may have had access to Modack’s phone, given his position as Modack’s right-hand man. Poole has been linked to various cases, including the murder of Detective Warrant Officer Nico Heerschap’s father, the grenade attack on Anti-Gang Unit detective Lieutenant-Colonel Charl Kinnear, the attack on prominent lawyer William Booth, and Kinnear’s murder. Wolmarans has argued that Poole’s ties to Modack’s associate Andre Fabing and his involvement in these cases make it possible that he could have used Modack’s phone without his knowledge. However, Modack has denied that Poole could be responsible for using his phone without his knowledge, further muddying the waters in the case.

The State’s Case Against Modack
The State’s case against Modack relies heavily on the evidence of his alleged involvement in the underworld, including his links to Kilian and Poole. The prosecution has presented a complex web of alleged hits, loyal lieutenants, and criminal ties, which they claim demonstrate Modack’s guilt. However, Modack’s consistent denials and the lack of concrete evidence have made it difficult for the State to prove his involvement beyond a reasonable doubt. As the trial continues, it remains to be seen whether the State will be able to prove its case against Modack, or if he will be acquitted due to lack of evidence.

The Trial’s Conclusion and Next Steps
The trial will continue on January 19, 2026, with the prosecution and defense set to present their final arguments. The outcome of the trial is far from certain, with the State’s case relying on the strength of its evidence and the credibility of its witnesses. Modack’s defense team will likely argue that the State has failed to prove its case, and that the evidence presented is circumstantial at best. As the trial draws to a close, it is clear that the outcome will have significant implications for Modack and the alleged underworld figures involved in the case. The Western Cape High Court will ultimately decide Modack’s fate, and it remains to be seen whether he will be found guilty or acquitted of the charges against him.

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