A policeman’s affidavit depicted a well-orchestrated plan to first kill Anti-Gang Unit detective Charl Kinnear and second, to get policeman Sergeant Ashley Tabisher aboard as a spy inside the unit.
It was Amaal Jantjies, the main accused in a failed hand-grenade attack on the home of Lieutenant-Colonel Charl Kinnear, who recruited Anti-Gang Unit (AGU) Sergeant Ashley Tabisher to act as an informer for criminals.
This was the evidence by the State in a second day of arguments in the Blue Downs Regional Court on Wednesday, opposing bail for alleged underworld figure Nafiz Modack, murder accused Zain Kilian, and co-accused Jacques Cronje and Tabisher. Ricardo Morgan, another accused, is out on R50,000 bail.
Security was tight at the court and before proceedings got under way a sniffer dog scouted the area. This comes after members of a task team investigating Kinnear’s assassination in September 2020 received threats.
The prosecution based its arguments on an affidavit deposed by Warrant Officer Trevor Shaw. The same affidavit was used earlier this year in the Parow Regional Court to deny bail to Jantjies and her co-accused Janick Adonis.
The essence of the affidavit depicts a well-orchestrated plan allegedly devised by Jantjies, Adonis and Modack to first kill Kinnear and second, to get Tabisher aboard as a spy inside the AGU.
Recordings of WhatsApp and Push-To-Talk messages contained in Shaw’s affidavit were played in court. The conversations between Modack, Tabisher and Jantjies are proof of their alleged corrupt relationship, said Shaw.
Shaw’s affidavit is also an attempt by the State to prove that Modack was the mastermind behind the five failed attempts on the life of Kinnear and that he also conspired with Kilian to murder Kinnear on 18 September 2020.
The recordings played in court related to what transpired on 12 November 2019. Jantjies can be heard telling Tabisher that she would give him “everything he wants”, except herself.
Tabisher’s wife was in the courtroom when she heard the recording of her husband saying: “I have never run around like this for a skollie. I had never run like this for my wife.”
Jantjies told Tabisher that “everything that is skew can be made straight with money” as long as the sergeant stuck to his part of the bargain: keeping Modack informed about imminent raids at his house. She also promised Tabisher that he would remain untouched.
“If something does happen I will take the fall for you. I don’t want the law at Modack places,” Jantjies said on a voice recording.
Jerome Booysen, the alleged leader of the Sexy Boys gang, was also mentioned. Jantjies, on 12 November 2019, had sent a voice note to Modack informing him that Booysen was “an informer” for Captain Anthea Japhta and AGU head Major-General Andre Lincoln.
The State contends that Tabisher agreed to be paid R10,000 to keep Modack in the loop.
In a voice recording sent to Modack on 14 November 2019, Jantjies said: “Tabisher wanted a salary per week when he gives information and not a once-off thing, but always.”
She said that they should not get Tabisher into trouble and had to be careful that the information was not leaked to the media.
Those who colluded with Jantjies and Adonis wanted to meet Modack in person, but Modack, in a voice note sent to Jantjies, instructed that there be no face-to-face contact.
The group faces several charges, which include the murder of Kinnear, the attempted murder of criminal lawyer William Booth in April 2020, conspiracy to commit murder, extortion, corruption, racketeering, money laundering, contravention of the Prevention of Organised Crime Act and contravening the Electronic Communications Act.
Advocate Dirk Uys, SC, counsel for Modack, raised many objections and argued that Shaw’s affidavit had “no basis” and was merely “an opinion”.
Another issue raised by the defence was whether Shaw and Jantjies would be called to testify when the trial commenced. Prosecutor Blaine Lazarus told the court the State would not provide a list of witnesses.
Tabisher, in his supplementary affidavit, denied that he had had a corrupt relationship with Jantjies and Modack. He claimed that his boss, Lincoln, had made “me believe that all the dealings with Jantjies and Adonis were done with the State being aware of everything”.
He said that the prosecution could not prove “one instance” where he had communicated with Modack.
The matter will resume in the Blue Downs Regional Court on 30 August. DM/MC