On Monday, Modack and Kilian’s bail hearing was postponed to 24 May.
They face charges including the murder of Kinnear, a murder attempt on prominent lawyer William Booth in April 2020, conspiracy to commit murder, attempted murder, money laundering, corruption, and contravention of the Prevention of Organised Crime Act and the Electronic Communications Act.
The prospects of Kilian and Modack being released on bail appear slim.
They are charged with a Schedule Six offence, which requires proof that exceptional circumstances exist for their release on bail, and that it would be in the interests of justice.
Also weighing heavily against them is that they are accused of murdering a police officer, a crime for which the prescribed minimum sentence is life imprisonment.
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Modack charged with Kinnear murder
14 May 2021
There was a heavy police presence outside the Blue Downs magistrates court on Friday morning as alleged underworld king-pin Nafiz Modack and his co-accused appeared to apply for bail. (Photo by David Harrison/M&G)
Modack now joins Zane Kilian in facing the charge of murder of Kinnear.
The five other accused in the high profile case are Jacques Cronjé, Ricardo Morgan, Jenick Adonis, Amaal Jantjies, and police officer Ashley Tabisher.
The charges relate to several other cases involving the attempted murder of Kinnear in 2019 and attempted murder of Cape Town criminal lawyer, William Booth in 2020. Among the 61 counts being faced by the accused are conspiracy to commit murder, illegal cellphone tracking, racketeering, kidnapping, intimidation, corruption and gang-related extortion.
On Friday, 7 May, murder accused Zane Kilian and Nafiz Modack shared the dock with co-accused Jacques Cronje and Ricardo Morgan. However, their brief appearance didn’t relate to either Kinnear’s murder or the attempted hit on Booth.
The purpose of the appearance was to add Kilian’s name to the charge sheet relating to extortion and kidnapping stemming from an incident on 9 March 2020 near the Crystal Towers Hotel on Rialto Road in Century City, Cape Town. The victim was businessman Sameer Vallie.
The charges of intimidation, kidnapping, extortion, money laundering and contravention of the Electronic Communication Act had already been put to Modack, Cronje and Morgan on Monday, 3 May, in the same court.
Zane Kilian’s lawyer has approached the Western Cape High Court to appeal against a decision by a magistrate not to grant bail to the former professional rugby player implicated in the murder of Anti-Gang Unit (AGU) section commander Lieutenant-Colonel Charl Kinnear.
In the application, Kilian’s advocate Marius Botha argued that the case against Kilian was weak and that the possibility that he would be found guilty was “remote”. Kilian is appealing against the ruling made by magistrate Nonkosi Saba on 18 March, refusing him bail.
The debt collector is charged with murder, conspiracy to commit murder and contravening the Electronic Communications and Transactions Act.
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