- The promise of R10 000 and a cellphone was allegedly offered to an Anti-Gang Unit member to tell attempted murder accused Nafiz Modack about any planned raids on his house.
- AGU policeman Ashley Tabisher is the latest to appear in court with Modack who was arrested on attempted murder, kidnapping and intimidation charges after a police chase last week.
- The draft indictment against the two also covered the complicated bonds between informants and the AGU which is still reeling after the murder of colleague Lieutenant-Colonel Charl Kinnear.
An Anti-Gang Unit (AGU) policeman was allegedly promised R10 000 and a cellphone to provide information to alleged gangster Nafiz Modack.
AGU policeman Ashley Tabisher was arrested on Sunday and appeared in the Bishop Lavis Magistrate’s Court on Tuesday along with Modack to face corruption charges.
Modack was also charged separately with being involved in a thwarted hand grenade attack at the late AGU detective Charl Kinnear’s house, as the cases against him mount.
Kinnear’s widow Nicolette Kinnear was at the heavily guarded court on Tuesday.
When asked how she felt seeing the man implicated in a planned attack on their home, she replied: “Mr Modack has always hated my husband’s guts.
“He [Modack] hated the fact that my husband didn’t treat him with kid gloves.”
But hearing that one of her late husband’s colleagues was allegedly involved in giving Modack inside formation, was a blow.
“In Afrikaans they say it is like being bitten by your own dog,” she said.
Nicolette Kinnear, the widow of slain anti-gang unit member, Lt Col Charl Kinnear outside the Bishop Lavis Magistrates court.
Western Cape police spokesperson Colonel Andrè Traut told News24 the police’s disciplinary process regarding Tabisher’s arrest was underway.
While in court, Modack was not charged with the murder of Kinnear, who was shot dead outside his house, also in Bishop Lavis, on 18 September 2020.
Former rugby player Zane Kilian was arrested for the murder.
When Modack was arrested last Thursday after a police chase near Century City, the police initially said he would be charged with Kinnear’s murder, but this was retracted.
Since then, he had been charged with three cases, including the alleged kidnapping of an investment manager, and the attempted murder of lawyer William Booth. According to the draft indictment, Modack paid R10 000 for Tabisher to give him information on when the AGU planned to raid his Plattekloof house, and R3 500 to cover the cost of a cellphone for Tabisher.
This was allegedly done through Amaal Jantjies, a co-accused with Faeez Smith and Janick Adonis in the thwarted hand grenade attack on the Kinnears’ home on 23 November 2019.The State alleged that Tabisher, from Elsie’s River, agreed to go on Modack’s payroll. The State drew on evidence led during Jantjies’ bail application in the Parow Regional Court.
Anti-Gang Unit detective Charl Kinnear.
The State alleged that in October 2019, Jantjies and Adonis started working with the AGU by supplying them with information relating to firearms. This information led to an arrest, and the seizure of two firearms and mandrax tablets.
Jantjies and Adonis had co-operated with the AGU in the hopes that Adonis, who faced a matter in the Khayelitsha Magistrate’s Court, would get bail.
They also met AGU head Major-General Andre Lincoln in the hopes that the AGU would put in a good word for Adonis in his bail application, or help him get a reduced sentence.
Part of Tabisher’s work included transporting Adonis from Pollsmoor Prison to court and back and facilitating information he received from Adonis and Jantjies. Adonis, on the other hand, was kept in the same section as Modack in Pollsmoor Prison. Modack has spent many spells in custody waiting for a bail application.
The State alleged that Jantjies’s first contact with Modack, who the State described as “the “manager of an enterprise”, was on 8 November 2019. During this communication, Modack agreed to pay for Adonis’s bail application in the Western Cape High Court. The next day, Modack supplied Jantjies with a BMW and a cellphone.
By 10 November 2019, Jantjies had allegedly agreed to ask Tabisher, on behalf of Modack, for inside information on planned raids.
Tabisher would be paid R10 000 and would get a secret phone.
The State alleged this was the corruption of a police official. During her bail application, Jantjies denied this, and said she was just helping the AGU and Lincoln.
The next day, on 11 November 2019, Modack let Jantjies know that he paid the money and the State alleged deposits of R12 000 and R20 000 reflected in Jantjies’ bank account.
On 12 November, R7 000 was deposited, purportedly to cover the costs of the information and the phone. “The gratifications given to Accused 2 [Tabisher] make no legitimate business sense,” the State alleged.
“It was not the Accused 1’s [Modack’s] legitimate business to give gratifications to Accused 2 as a member of the [SA Police Service].”As a result, Tabisher, Modack and Jantjies face charges of corruption and money laundering.
When that case was over, Modack was charged in the hand grenade case.
In that case he faces charges of being involved in gang activity, five counts of conspiracy to murder, one count of attempted murder, one count of conspiracy to obtain explosives and one count of conspiracy to possess explosives. Modack and Tabisher will return to the Bishop Lavis Magistrate’s Court on Monday, 10 May.
NPA spokesperson Eric Ntabazilila said the State intends opposing bail.