During Monday’s proceedings at the Western Cape High Court, a witness recounted how Nafiz Modack had made extraordinary efforts to recover a lost investment on his behalf.
Urging the court to investigate the asset manager to whom he had entrusted his funds, the witness highlighted the severity of the situation.
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The trial of Modack and his co-accused resumed in the Western Cape High Court, with the State pursuing charges including murder, attempted murder, extortion and intimidation.
While the primary focus remains on the murder of Anti-Gang Unit detective Charl Kinnear, attention has shifted to an incident involving an asset manager from Claremont.
The manager reported being coerced into a meeting with Modack’s co-accused, Jacques Cronje, where he was compelled to sign an acknowledgement of debt for the failed investment capital and associated fees.
Despite the witness’s claims of an escalating series of violent incidents aimed at retrieving the funds, Modack and Cronje vehemently deny the allegations. Notably, the witness, referred to as Mr C, currently resides in Dubai, adding complexity to the legal proceedings.
Shanil Maharaj, testifying remotely from Durban via Teams, revealed that he had invested R545 000 with Mr C, only to suffer a complete loss.
According to Mr C’s testimony, Maharaj had opted for a ‘high-risk’ portfolio in pursuit of higher returns, a strategy that ultimately led to his financial downfall.
Maharaj expressed profound devastation over the loss, citing its adverse effects on his family life, including strain on his marriage. Furthermore, he lamented the lack of police action in investigating Mr C and his business practices, bluntly alleging, ‘He conned me,’ during Monday’s testimony.
In a state of desperation, he sought counsel on reclaiming his lost investment, and businessman Privenesh Reddy, with ties to Modack, enlisted Modack’s assistance on Maharaj’s behalf.
Testimony revealed that Modack orchestrated debt collection operations, handling between 30 and 40 cases monthly. His fee structure entailed charging 30% of the total recovered, with 10% allocated to Modack and 20% to the collector—in this instance, Cronje.
Maharaj had to furnish documentation validating his claim and front Modack’s 10% fee prior to commencement. However, given his dire financial situation, Modack waived this requirement.
Reflecting on Modack’s efforts, Maharaj remarked, ‘He really did try and help. He went out of his way to help me,’ despite the outcome resulting in the unrecoverable loss of his investment.
Ultimately, Maharaj never recouped his funds, while Cronje faced arrest for intimidation. Subsequently, Mr C encountered threats of violence if he failed to retract his complaint against Cronje. Mr C attested that Kinnear dissuaded him from doing so, expressing a commitment to seeing the matter through.
With his testimony concluded, Judge Robert Henney extended gratitude to Maharaj for his assistance, permitting him to exit the Teams meeting.
However, Maharaj felt compelled to make an additional statement.
‘I am pleading for justice against Mr C. We have been robbed, conned, and we have had no satisfaction from the police,’ he implored.
While disavowing responsibility for Cronje’s alleged actions in assisting him, Maharaj earnestly beseeched the court to ensure an investigation into his complaint against Mr C.
‘I beg you,’ Maharaj reiterated. ‘I beg you.’
The Modack trial is set to resume today with the introduction of a new witness.
Meanwhile, the trial involving Modack’s purported competitors in the security industry, namely Mark Lifman, Jerome Booysen and Andre Naude, delved into expert testimony concerning the handling of seized cellphones in police investigations.
Warrant Officer Mias Engelbrecht, known for his involvement in the Jason Rohde murder trial, provided insights into the tools utilised by law enforcement for data retrieval, notably highlighting the Cellebrite Ufed product. He elucidated on measures taken to maintain the integrity of cellphone data during investigations.
Engelbrecht’s testimony preceded the State’s examination of information extracted from a witness’s devices. This individual, currently under protective custody, maintained close ties with the late steroid dealer, Brian Wainstein, whose murder in August 2017 is linked to the illegal steroids trade.
The trial pertaining to these allegations is scheduled to continue on Tuesday.
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Picture: Theo Jeptha / Gallo Images