Modack trial: Application to have some charges withdrawn continues

CAPE TOWN - A discharge application for the charges against alleged underworld gang boss Nafiz Modack and some of his co-accused to be withdrawn will continue to be heard in the Western Cape High Court on Wednesday.

The application seeking to have charges against Modack and two of his 14 co-accused withdrawn was submitted in court on Tuesday. 

Modack and his co-accused face 122 charges for various crimes related to allegedly operating a criminal enterprise.

READ: Judge says it's unlikely he'll grant application for charges against Modack to be dropped

Modack's lawyer, advocate Bashier Sibda, told the court the case against his client is flawed as at least three of the State's witnesses lack credibility. 

Judge Robert Henney told Sibda that while certain aspects of the witness's testimony may be problematic, he cannot ignore all the other evidence against Modack. 

Sibda also argued that Modack never instructed his co-accused to commit crimes - despite their testimonies - saying they acted on his behalf. 

Henney told Sibda that if he grants the application for Modack, he will most likely have to grant it to the rest of the accused. 

The trial continues on Wednesday.