Cape Town - The State’s case against alleged underworld kingpin Nafiz Modack was dealt a blow yesterday during questions about whether “pinging” evidence should be admitted.
The testimony of Hawks detective Captain Edward du Plessis was brought to an abrupt halt by Judge Robert Henney, who called on the State to bring an application on why he should accept the evidence as part of the mammoth underworld trial.
This shocking turn comes years after the State highlighted the pinging evidence as the key to unlocking the reasons why Modack was accused of plotting the assassination of slain AntiGang Unit detective Charl Kinnear.
Shortly after Kinnear was shot at his Bishop Lavis home in September 2020, the Hawks arrested former rugby player and debt collector Zane Kilian, saying they had evidence that he had pinged Kinnear’s cellphone thousands of times before his murder, allegedly on the instruction of Modack.
The duo have subsequently gone on trial for the illegal interception of Kinnear’s cellphone as well as that of others, including criminal lawyer William Booth, Jerome “Donkie” Booysen, Mark Lifman and public figures such as Mayco member for safety and security JP Smith.
While the man who gunned down Kinnear was never arrested, it was anticipated that the testimony on pinging by Du Plessis would seal the fates of Modack and Kilian, linking them to Kinnear’s assassination.
However, during court proceedings yesterday, the evidence became hamstrung under questioning by Modack’s lawyer, advocate Bash Sibda.
He asked for the State to clarify on what basis Du Plessis was testifying about the pinging mechanisms, when he was not introduced as an expert witness on the software.
State prosecutor, Greg Wolmarans, conceded that he was not to be considered an expert witness but that as a Hawks detective, he had made use of the system for 15 years.
Wolmarans attempted to lead Du Plessis in questioning, in the hope of motivating why he should be allowed to testify on the pinging.
But Judge Henney slammed the State, saying it had gone against basic rules of introducing evidence in a criminal trial.
Judge Henney ruled that the State would now have to bring a special application to convince the court that the pinging evidence given by Du Plessis should be considered admissible.
Earlier in the day, Booth also took the stand and recounted the day two gunmen tried to kill him at his Oranjezicht home. Booth was called amid testimony by a self-confessed hitman who told the court how he followed Booth, at the instructions of Modack, to kill him but never succeeded.
Booth told the court he considered himself lucky and that following the attempt on his life he was forced to hire private security to safeguard himself and his family.