A heavy police presence is expected at the Western Cape High Court on Monday as two major underworld trials involving rival crime figures resume on the same day.
The trial of alleged underworld figure Nafiz Modack and 14 co-accused is set to continue. The group faces more than 100 charges, including the murder of Anti-Gang Unit detective Charl Kinnear in September 2020. They are also charged with attempted murder following the shooting of prominent defence attorney William Booth later that year.
At the same time, proceedings in the trial of alleged underworld crime boss Jerome Booysen and 11 co-accused are also due to resume. They face charges linked to the 2017 murder of steroid smuggler Brian Wainstein, as well as offences under the Prevention of Organised Crime Act.
Police are expected to maintain tight security inside and outside the court, with members of the Anti-Gang Unit deployed to ensure safety during the high-profile proceedings. Security has been a central feature of both trials due to the violent nature of the allegations and the stature of the accused.
Modack and Booysen are the two central figures in the respective cases. The State has presented evidence it says links Modack and two of his associates to the attempted murder of Booth and the murder of Nicolaas Heerschap, the father of a former Hawks warrant officer who was investigating Modack.
Prosecutors have argued that Modack was the mastermind behind both attacks. The State alleges he used co-accused Zane Killian to track Booth’s cellphone and instructed his bodyguard to work with a state witness, known as Mr A, to arrange a hit on the lawyer.
The State further claims Modack orchestrated an assassination attempt on another alleged underworld figure, Andre Naude, and plotted to kill Booysen, Booth, the late Mark Lifman and top detective Charl Kinnear.
State prosecutor Advocate Greg Wolmarans told the court that evidence pointed to a broader conspiracy.
“There is a clear indication that Mr A is getting his information from someone. If the direction is not coming from you of the attack on Naude, with links to Jerome Booysen, is it a coincidence that these are the people you are having issues with, or is it part of the conspiracy?” Wolmarans asked.
Meanwhile, in the Booysen trial, the defence is expected to cross-examine a Section 204 witness known as Mr X. He has testified that the conspiracy to kill Wainstein began about a month before his death and was allegedly led by Booysen and his associate, Kamal Naidoo, in a bid to take over Wainstein’s steroid business.
The court has heard that Wainstein controlled much of the steroid trade in the Western Cape and that another alleged underworld figure, Ralph Stansfield, had been his associate.
State prosecutor Nathan Adriaanse said additional Section 204 witnesses, who were allegedly part of gang structures at the time, would be called to help the court interpret coded language used in intercepted communications.
“We intend on calling Section 204 witnesses who were allegedly part of the gangs at the time these events played out. We intend on using those witnesses to explain to the court the exact and precise meanings of certain language being used as a tool of communication,” Adriaanse said.
The court is still expected to rule on the admissibility of Mr X’s testimony relating to intercepted phone calls involving Booysen and other suspects.