Nafiz Modack seeks judge's recusal in tax fraud trial
Nafiz Modack, right, with his counsel, Advocate Bash Sibda. Modack is accused, along with others, of defrauding the South African Revenue Service of R146 million. The State alleges that a host of businesses and trusts registered by the ‘Modack Family Business’ were set up merely to claim tax returns.
Image: File photo
Alleged underworld kingpin Nafiz Modack is pushing for the recusal of a judge who is expected to preside over his “Tax Matter” trial.
This, after the judge had already dealt with a previous bail appeal in the Western Cape High Court.
Advocate Bash Sibda, representing Modack in the trial following his arrest by the Hawks in 2020 on charges of defrauding the South African Revenue Service (SARS) out of R46 million with other co-accused, told the court yesterday that in order for his client to have a fair trial, Judge Mark Sher would need to step down from the matter.
The recusal application highlights that Judge Sher had previously presided over Modack's bail application in March 2023 in the case where he stands accused of murdering top cop Lieutenant-Colonel Charl Kinnear.
The court documents read that Judge Sher’s judgment states: "In my view, ...Modack [is]... a danger to society and need to be kept inside a correctional facility, pending the outcome of their trials.”
Sibda said: “The thrust of my argument is only on the perception. The reason for the possible apprehension of the public is not something that they conjured up; it rests firmly on the very objective reality of the findings of the bail application [appeal.]”
Judge Sher agreed that it is the right and proper thing to do to ensure Modack does have a fair trial.
The State said they would consider their position and a finding on the recusal would be delivered in July, while the trial is set to start on July 28.
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