Cape Town - The National Prosecuting Authority (NPA) this week welcomed a failed bail appeal bid by alleged underworld figure, Nafiz Modack and his co-accused.
NPA spokesperson Eric Ntabazalila welcomed the dismissal of the bid by the“Cape Town gang leader, his enforcer” and a police officer, who is charged with the murder of the senior Anti-Gang Unit (AGU) detective, Lieutenant Colonel Charl Kinnear, and a slew of other serious charges.
Ntabazalila confirmed the Western Cape High Court dismissed the bail appeal of Nafiz Modack, Jacques Cronje, and AGU cop Ashley Tabisher after the court described them as a danger to society, saying “they needed to be kept inside a correctional facility, pending the outcome of their trials”.
“The trio’s earlier attempt to be released on bail were thwarted when the NPA successfully opposed it at the Blue Downs Magistrate’s Court. They are part of fifteen accused facing 3 121 charges, majority of (3 0850) are charges committed by Zane Killian on Modack’s insistence. Dismissing their appeal, Judge Mark Sher ruled that Modack had to show the court that, on a balance of probabilities, exceptional circumstances existed which permitted his release on bail and that it was in the interest of justice for him to be released,” said Ntabazalila.
Judge Mark Sher said: “In my view the circumstances which are set out in the affidavits which were filed by Modack in support of his application for bail, do not constitute exceptional circumstances, either individually or collectively, and are no more than the usual, ordinary circumstances which attach to any accused.
“Given the evidence which was put before the magistrate, there is every likelihood that, were they to be released on bail the applicants would commit one or more or all of the listed in subsection 60(4)(a)-(c), and their release on bail would jeopardise the function of the criminal justice system and would place the integrity of the bail system in question and bring it into disrepute.”
Judge Sher said that the fact that Tabishe’sr argument for bail to be granted because other police officers implicated in corruption has been granted bail, was “misplaced”, adding that he “fails to have regard for the context in which his corruption occurred”.
“Corrupt acts involving police officers, are extremely serious, strike at the heart of our system of law and order, and if proven at trial would similarly attract heavy sentence. I am similarly of the view that the interest of justice does not support the release of Tabisher on bail.
“In my view, were he to be released on bail, the public’s respect for the criminal justice system would similarly be brought into disrepute. I am also concerned that, because of his connections with members of the police force where he is to be released, he might seek to interfere with the investigations or try to obtain information pertaining thereto, for use by himself and Modack,” said Judge Sher.
Modack has 15 pending matters in other courts in Cape Town and various parts of Gauteng. Cronje has seven pending matters comprising 13 charges, mainly of extortion and intimidation as well as assault, in addition to the charges he is facing in the current matter.
“The NPA welcomes the decision of the court as a step in the right direction to ensure justice for the victims of the crimes they committed,” said Ntabazalila.
Cape Times