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Kinnear murder case going nowhere slowly

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Anti-Gang Unit senior detective Lieutenant Colonel Charl Kinnear.
Anti-Gang Unit senior detective Lieutenant Colonel Charl Kinnear.
Melinda Stuurman/Netwerk24
  • The case involving the murder of anti-gang specialist cop Charl Kinnear is going nowhere slowly. 
  • Years after their arrest in 2021, not all the accused have lawyers, and some want to apply for bail again. 
  • Cape Forum asked AfriForum's private prosecuting unit to keep a watching brief for the Kinnear family to monitor why there are delays.

The case involving the murder of Anti-Gang Unit detective Charl Kinnear appears to be going nowhere slowly, with legal representation issues for some of the accused. 

In addition, Nafiz Modack, alleged to be the kingpin of a criminal enterprise that used gangsters for murders and bribing a cop for inside information, also says he is not being allowed to contact associates for help with his legal fees, and is not being allowed to hand over any notes to his lawyer. 

Kinnear's widow was in court to watch the latest saga after Cape Forum asked AfriForum's private prosecuting unit to keep a watching brief for her.

AfriForum claims national police commissioner Fannie Masemola failed to act on the findings of the Independent Police Investigative Directorate (IPID) relating to the murder of her husband outside their house in Bishop Lavis on 18 September 2020. 

They say the IPID investigation identified some senior police officials as suspects for their alleged roles in the withdrawal of Kinnear's close protection detail, leaving him exposed. At the same time, he investigated hard-core gangs amid credible intelligence that he was in danger.

READ | 'Cover-up': AfriForum blasts top cop over handling of Kinnear murder probe

When he was killed, he was waiting for his son to move a car so he could pull his vehicle onto their property. 

Former rugby player turned debt collector Zane Kilian was the first to be arrested for allegedly tracking Kinnear's location in a flurry of pings to Kinnear's cellphone. 

It later emerged that there was a long list of people who were being pinged, including lawyer William Booth, former cop Jeremy Vearey, and some well-known alleged underworld figures.

From there, the case grew with more and more arrests and more murder allegations.

However, since Modack's arrest in 2021, the trial has yet to start, and it seems that this was also taking its toll on the accused.

During Friday's pre-trial planning appearance in the Western Cape High Court, there was a low, persistent grumble in the dock as Judge Nathan Erasmus set dates for new bail applications and gave deadlines for those without lawyers to get themselves Legal Aid. 

Nobody has offered any guilty pleas in exchange for sentencing, and some indicated they would plead not guilty. 

One complained that he had not received the particulars of the case yet, to which one of the three prosecutors present, advocate Greg Wolmarans, said all he needed to do was deliver a sealed 1-terabyte hard drive to the National Prosecuting Authority's office so that it can be uploaded. 

ALSO READ | Alleged Cape Town crime boss Nafiz Modack claims prison denying him lawyer visits

Modack gave a handwritten letter to Erasmus to complain about aspects of his detention that were worrying him, but Erasmus stopped him from reading it aloud. 

A provisional trial date of 29 January has been set, but there are two other dates set down for November for an update on some of the outstanding issues and fresh bail applications on new facts. 

Those who are not out on bail went back into the holding cells, while families in the gallery waved and blew kisses.



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