Cape Town - New evidence allegedly linking alleged underworld kingpin Nafiz Modack to extortion attempts amid a botched investment between businessmen became a hot topic in the Western Cape High Court yesterday.
The evidence, audio recordings, was raised by the State prosecutors amid two testimonies heard earlier in the week.
Modack, along with his alleged henchman and co-accused Jacques Cronje are facing charges of extortion, kidnapping and intimidation of a State witness.
The man, identified as Mr C, told the court he fled to Dubai after Modack’s “Hell’s Angels” were sent to extort money from him.
The witness, who is an asset manager, says an investor known as Shanil Maharaj approached him for a highrisk investment totalling R545 000.
But when both men lost out on the deal, Maharaj allegedly took to threatening the State witness and subsequently contracted Modack to recover the money.
After the threats, he said he transferred R90 000 under duress and fled after receiving messages that his family would be killed.
Maharaj took the stand shortly afterwards, where he confirmed that he hired Modack to recover the money, but told the court he believed it to be a “legal collection”.
Maharaj subsequently handed over WhatsApp conversations between himself and Modack as evidence and told Judge Robert Henney that Modack had provided him with the contact details of two police officers who were to help him with a criminal case against Mr C.
In his testimony, he highlighted the interactions with a cop named only as “Calvin”, but questions arose whether these conversations could be ruled admissible as part of the trial as the State sought to start introducing the evidence.
Modack’s lawyer, advocate Bash Sibda, objected to the introduction of this evidence and asked if the police would be brought to testify.
Judge Henney ruled that the witnesses referred to would be admitted provisionally and Maharaj would continue with his testimony on Monday.
Sibda said that Modack had received death threats from police transporting him to court and it was raised with the State to obtain video footage.
Judge Henney said the threats of assault could result in an assault charge against the police, but that it would have to be investigated.
Cape Argus