Murder accused Zane Killian’s bail appeal application has been dismissed at the Western Cape High Court while alleged underworld figure Nafiz Modack’s bail request has been set down for Friday, for his legal team to be provided with sufficient information.
Killian, who is charged with the murder of Anti-Gang Unit (AGU) commander Lieutenant-Colonel Charl Kinnear and several other charges, had an urgent bail application brought to the Western Cape High Court last week. It was again not granted this morning.
After nearly a week of deliberating, Judge AG Binns-Ward stated that he agreed with the denial of the first bail application at the Bellville Magistrate’s Court, in that Killian did not sufficiently prove exceptional circumstances.
According to court papers, Killian had allegedly obtained the particulars of four cellphone numbers linked to Kinnear and was aware he was part of the AGU.
Killian, in his bid for bail, said he was the father of two children, one of whom was autistic and had been distressed since his arrest. He said he worked as a debt collector, earning R20 000 per month.
Killian’s first bail application was rejected at the Bellville Regional Court last week.
The judge said today Killian did not prove enough exceptional circumstances to be granted bail.
According to the bail appeal document, the judge said he was not truthful.
“In my judgment, for the reasons I have discussed, I do not think that the magistrate was wrong in being unpersuaded (sic) that the appellant had shown exceptional circumstances justifying his release on bail in the interests of justice.
’’On the contrary, I consider that the magistrate was justified in finding that in the face of a prima facie evidence, pointing to knowing involvement by the appellant in the murder of Colonel Kinnear; the appellant’s evidence in support of his bail application was riddled with improbabilities and untruths.
’’He consequently failed to discharge the onus to prove that exceptionally to the statutorily ordained default position applying to the person charged with a schedule six offence, he should be granted bail.
“As a result, the appellant’s appeal against the order by the court a quo refusing application for bail is dismissed.”
Eric Ntabazalila of the National Prosecuting Authority said Modack’s bail application was to continue on Friday while his legal counsel received the necessary documents for a bail application.
His co-accused, Ricardo Morgan, who is also charged with Kinnear’s murder, has been granted R50 000 bail, while Jacques Cronje’s bail application will run with Modack’s.
“The State vs Nafiz Modack has been postponed to Friday for bail application. Defence protested in court that they haven't received enough information from the State in order for them to prepare for bail application,” said Ntabazalila.
“Leading the protest was advocate Uys. The prosecutor, advocate Greg Wolmarans, informed the court that the State received advocate Uys's lengthy request after lunch on Friday and the State needed two full working days to respond. The NPA will provide the further particulars to the defence by tomorrow afternoon.
“After the brief exchange, magistrate Deon van der Spuy postponed the matter to Friday, May 28 2021.”
Modack and his co-accused are facing a range of charges ranging from money laundering, murder, to attempted murder and conspiracy to commit murder and interception of cellphones.
Last week, the case was hit by another delay when presiding Magistrate A Mashala was shot and wounded at a car wash in Mfuleni where a police commander was killed and a child and two others were wounded.
Weekend Argus