Two underworld cases in the Western Cape High Court faced a hurdle this week due to the State’s use of cellphone evidence in separate trials involving rival figures in Cape Town’s nightclub security scene.
Also read: City and neighbourhood watches participate in virtual dry run
One trial involves businessman Mark Lifman, alleged Sexy Boys gang leader Jerome Booysen, security firm owner Andre Naude, and others, including a sharply dressed Ukrainian and alleged 27s gang members from Kraaifontein. The other trial features Nafiz Modack, Zane Kilian, ‘Bubbles’ Brown, alleged 28s gang members, and a former Anti-Gang Unit police officer.
Lifman and his associates are accused of plotting the murder of steroid smuggler Brian Wainstein and related charges involving the deployment of gangs outside CBD nightclubs. Concurrently, a leader of the rival faction approaches club managers to convince them to switch from Modack’s security services.
In both trials, the defendants exhibit a diverse array of abilities, purportedly including money laundering and connections within law enforcement.
Despite all pleading not guilty, witness testimonies have proceeded smoothly since the commencement of their trials this year.
Yet tensions arose when the State proposed introducing unfiltered conversation recordings in the Lifman trial and text messages in the Modack trial.
On Monday, the court anticipates hearing expert testimony regarding the authenticity of data extracted from devices seized from witness Mr X, along with statements from three witnesses in the Modack trial tasked with confirming the authorship of specific text messages.
Among the Modack trial witnesses is reportedly a police officer from Durban, drawn into a disgruntled investor’s pursuit to recover funds from a Cape Town asset manager.
The Lifman trial may mark a precedent with the introduction of evidence from burner phones. Witness Mr X disclosed using such devices for debt collection, financial transactions and personal security work. While cellphone location data is common in criminal trials, burner phone evidence presents a new challenge, often leaving investigations at a dead end with only a phone number.
Burner phones, inexpensive and unregistered, are used for short durations and then discarded to evade surveillance or ties to an individual.
In the Modack trial, tensions flared on Wednesday as one defendant engaged in a verbal exchange during a break, prompting a rebuke from Judge Robert Henney. The defendant’s response in Kaaps language was, ‘Wie’s dzy?’ (Who are you?) left the courtroom stunned before he resumed his seat.
Meanwhile, in the Lifman trial, emotions ran high as Mr X revealed his past as an informant for Crime Intelligence. He later surrendered to police as the situation escalated.
The heavily guarded proceedings typically commence at 10am, allowing public observation from the gallery.
Also read:
Injured hikers airlifted from Cape mountains in separate incidents
Picture: Theo Jeptha / Gallo Images