Modack murder trial starts hearing evidence from witness

The Cape High Court on Monday began to hear evidence from the first witness in the murder trial of alleged underworld crime boss Nafiz Modack and 14 others.

Modack and his co-accused face a charge of murdering police detective Charl Kinnear in 2020 and 123 other charges.

The witness, who was referred to as “Mr A” to protect his identity, told the court he has had his fair share of arrests.

He said he did not attend school and often spent time with his mother in Woodstock who worked as a domestic worker. While there, he got involved in criminal activities such as shoplifting and housebreaking and selling the stolen items, but was arrested for robbery.

Mr A said when he was released, he met his co-accused in the current matter Fagmeed Kelly and was later introduced to Riyaat Gesant and Toufeek Brown in 2011 after they were released from prison.

He said he knew of Brown due to him selling alcohol at his grandmother's property and befriended him after his release.

Mr A told the court he knew Gesant, Kelly and co-accused Mario Petersen were members of the Terrible West Siders gang which operated in Woodstock, Eerste River and Heideveld, and later joined the gang himself. He showed the court his “TWS” tattoo on his left arm in court, saying Kelly did it for him.

Between 2012 and 2017, he had been arrested on three occasions for housebreaking and attempted theft of a vehicle. He said in 2018, he decided to get a job by installing ceilings and wall partitioning, but there was minimal work. In 2019 he started his own drug business selling dagga.

Mr A said he bought the drugs from a Nigerian merchant who sold 80kg for R2,500 to him and made a R2,500 profit.

Once while selling drugs in Salt River, he heard shots being fired in the area. He flushed some of the drugs down a toilet resulting in him owing the merchant R500. He then asked Brown to lend him the amount until he could repay him the following week.

Mr A was sentenced to an effective 20-year jail term after entering into a plea and sentencing agreement for the murder of Nicholaas Heerschap, a pensioner and father of former W/O Nico Heerschap. Nicholaas Heerschap, 74, was shot at close range outside their home in Melkbosstrand, Cape Town, in 2019.

The other accused are Modack's brother Taseen Modack, former rugby player Zane Kilian, former police anti-gang unit member Ashley Tabisher, Ziyaad Poole, Jacques Cronje, Petrus Visser, Janick Adonis, Amaal Jantjies, Mogamat Adiel Mukudam and Ricardo Morgan.

Modack and his co-accused face 124 charges, including being part of an alleged “enterprise” run by Modack, unlawful interception of communications, murder, attempted murder, intimidation and kidnapping.

The trial continues. 

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