Testimony about advocate shouldn’t have surfaced - Modack prosecutor

Cape Town - The prosecutor in the case, centred around suspected underworld kingpin Nafiz Modack, has told the Cape Town Magistrate’s Court that certain details, including those about an advocate, should never have been read out as these were irrelevant to the matter and were without substance.

Prosecutor Esna Erasmus said the sharing of these details, some also involving a police investigator's relative, were "uncalled for".

She said this on Wednesday during the final stages of the bail application of Modack and his four co-accused.

Modack is accused of extortion and intimidation in Cape Town along with Carl Lakay, Ashley Fields, Colin Booysen - the brother of alleged Sexy Boys gang leader Jerome Booysen - and Jacques Cronje.

The charges relate to the nightclub security industry in that they allegedly took over security operations at clubs and restaurants, forcing owners to pay them.

For a detailed breakdown on what has been happening in the underworld nightclub security takeover, see News24's showcase Underworld Unmasked

Modack and Cronje also face extortion charges in Johannesburg.

The group was arrested on December 15 and lodged a bail application shortly afterwards.

On Wednesday closing arguments in the application were presented.

Shortly before she proceeded with her argument, Erasmus said material related to advocate Pete Mihalik had been irrelevant to the case.

"That detail should never have been read. It has no substance," she said.

She also said that details about the relative of investigating officer Charl Kinnear should not have been aired.

'Uncalled for'

"It was totally irrelevant and uncalled for," Erasmus said.

Kinnear had previously testified that a firearm was stolen during an altercation in Parow in March - an incident which is set to have sparked the nightclub security takeover.

The firearm, he had alleged, had turned up at Mihalik's offices.

Mihalik, Kinnear had said, told controversial businessman Andre Naude he would return the firearm to its owner in exchange for R20 000. 

Brian Wainstein had paid over this money and the firearm was returned. 

News24 previously reported that Wainstein, known as the international "Steroid King," was shot dead in his Constantia home in August.

Kinnear previously testified that his son had been in a relationship with Jerome Booysen's niece.

READ: Modack case investigator visited home linked to alleged gangsters, court hears

Roooshdeen Rudolph, who is representing one of the accused in the extortion matter, had during cross-examination then peppered Kinnear with questions about whether he had socialised with the Booysens.

Kinnear said he had gone to the home of a Booysen sister in Bellville "a couple of times" to fetch his children there.

Judgment in the bail application is expected to be handed down on February 28.

NOTE: This story has been updated.