The individual responsible for creating the pinging platform, purportedly used for illicit tracking operations linked to Nafiz Modack, provided testimony from the United States on Tuesday regarding the technology’s functionalities.
This testimony occurred within the ongoing murder and racketeering trial involving Modack and his co-defendants in the Western Cape High Court.
Also read: Legal wrangling on the cards following signing of NHI Bill
Larry Hurwitz, originally from South Africa, presented his testimony via Teams during the early hours of Tuesday in the US, necessitated by the time zone disparity.
Hurwitz detailed his initial involvement in co-founding the My911 service, designed for use by various emergency responders. Subsequently, as the CEO of his company, 3DT Group, he oversaw the development of the software integral to the pinging system, allegedly utilised for monitoring the movements of Anti-Gang Unit detective Charl Kinnear prior to his tragic demise.
During his testimony, Hurwitz expressed caution, acknowledging the potential for self-incrimination in his statements. He was assured that if the court deemed his testimony truthful, he might not face charges.
The precise nature and scope of the alleged wrongdoing are expected to be clarified later in the proceedings, with a focus on whether the access granted to the location-tracking platform complied with legal standards.
Notably, the platform facilitated the tracking of various individuals, including lawyer William Booth, prior to targeted incidents. Among those monitored were prominent figures in Cape Town’s business community, such as alleged Sexy Boys gang leader and property developer Jerome Booysen, filling station co-owner Ralph Stanfield, and security company proprietor Andre Naude, all embroiled in separate legal matters.
Hurwitz’s testimony specifically pertains to the actions of Modack’s co-defendant, Zane Kilian, who reportedly utilised the pinging service facilitated by one of Hurwitz’s local associates, former police officer Bradley Goldblatt.
Kilian entered a plea of not guilty to multiple charges under the Regulation of Interception of Communications and Provision of Communication-related Information Act, as well as unlawful communication interception.
He asserted that he believed he was engaging in legitimate debt collection location tracing on behalf of Modack and that he purchased the pinging bundles and platform credentials from Goldblatt, unaware of any illicit intent.
Kilian claimed that someone else may have also been utilising the same resources acquired from Goldblatt.
Hurwitz’s testimony revealed that the location data was provided by telecommunications giants MTN and Vodacom, utilising signals from their respective towers. His system enabled users to input the cellphone number of an MTN or Vodacom subscriber, subsequently pinpointing the associated device.
The software then generated longitude and latitude coordinates based on the cellphone tower connection at the time of the search. These coordinates were encrypted and translated into physical addresses, such as ‘123 Main Street.’
Hurwitz explained that the system’s accuracy varied depending on the density of cellphone towers in an area. In suburban or central business district (CBD) locations, where there were more towers, the system could pinpoint a device within a 20-metre radius. However, in rural areas with fewer towers, the accuracy decreased to within a 600-metre radius.
He elaborated on the mechanism, stating that devices continuously sought the cellphone tower with the strongest signal to ensure optimal communication quality. Consequently, when a location request was made, the system provided the device’s last known location.
Apologising for the technical details, Hurwitz assured Judge Robert Henney that this complexity was inherent to the service he provided.
Furthermore, Hurwitz noted that even if the Integrated Circuit Card Identification (ICCID) number, unique to a device’s Subscriber Identity Module (SIM) card, was removed, the device could still be traced via its unique International Mobile Equipment Identity (IMEI) number.
According to law, both the Integrated Circuit Card Identification (ICCID) and the International Mobile Equipment Identity (IMEI) numbers are mandated to be registered with the user of the cellphone number.
Additionally, a device’s Global Positioning System (GPS) chip maintains continuous contact with cellphone towers. Even if an individual switches off their GPS, the phone remains registered with the tower, as explained by Hurwitz.
The effectiveness of a location search may be compromised if the device user is situated within a structure containing significant metal elements, such as thick concrete, corrugated iron roofing, or behind metal insect mesh doors.
Hurwitz emphasised that the system was designed primarily for law enforcement purposes.
As Hurwitz transitioned from technical details to discussing how his South African client, Goldblatt, utilised his services, the trial was adjourned until Wednesday. This break was necessary for the accused to return to their respective prisons in time for supper.
On Wednesday, Warrant Officer Calvin Shunmugan from Durban is set to continue his compelling testimony regarding his involvement in a police raid targeting a man marked for debt collection by Nafiz Modack and his co-accused, Jacques Cronje.
Shunmugan had previously testified about overhearing Modack’s ‘right-hand’ man referring to them as ‘Pablo and Gustavo,’ drawing parallels to former Medellín Cartel leader Pablo Escobar and his accountant in Colombia.
Standing trial alongside Modack, Kilian and Cronje are Ziyaad Poole, Moegamat Toufeek ‘Bubbles’ Brown, Riyaad Gassant, Fagmeed Kelly, Mario Petersen, Petrus Visser, Jannick Adonis, Amaal Jantjies, former AGU member Ashley Tabisher, Yaseen Modack, Mohammed Mukadam and Ricardo Morgan.
According to News24, Brown was granted an excuse from attending Tuesday afternoon’s session due to reported feelings of dizziness and visible signs of unwellness.
The accused individuals are facing charges related to their alleged involvement in a racketeering enterprise led by Nafiz Modack, with specific charges tailored to their purported actions. Despite the accusations levelled against them, all the defendants have entered pleas of not guilty.
Modack stands accused of orchestrating the murders of Charl Kinnear, tow truck driver Richard Joseph, and the father of Hawks officer Nico Heerschap, purportedly with assistance from members of the Terrible Westsiders gang and the Junky Funky Kids.
Also read:
ActionSA’s ‘Sh****y Tour’ to highlight sewage problems in Cape Town
Picture: Jaco Marais / Gallo Images