Modack claims unfair trial, seeks new counsel after evidence setbacks

Alleged underworld kingpin Nafiz Modack has formally requested a change in legal representation, citing concerns over an "unfair trial" during proceedings at the Western Cape High Court.

Modack, who currently faces 122 charges alongside 14 co-accused, is on trial for allegedly operating a sprawling criminal enterprise. The request for a new lawyer follows a series of significant setbacks for his defence team over the past week.

In less than seven days, two defence witnesses have failed to corroborate Modack’s assertions of a high-level conspiracy involving the police and his underworld rivals.

The defence's strategy suffered further damage when Presiding Judge Robert Henney ruled for the second time in a week that evidence presented by Modack’s legal team was inadmissible.

READ MORE:

Ethics issue delays Nafiz Modack case

Nafiz Modack moved from Helderstroom Prison to Goodwood Prison, court hears

Nafiz Modack set to continue testimony in WC High Court

Earlier on Monday, Modack’s lead counsel, Advocate Bashier Sibda, attempted to introduce new evidence aimed at supporting claims of widespread police corruption. To bolster these allegations, Sibda called Riedewaan Titus, a dismissed police warrant officer, to the stand.

However, Judge Henney dismissed both the evidence and the testimony as inadmissible in court.

The frustration in the dock reached a breaking point shortly before the day’s adjournment. In a rare direct address to the bench, Modack stood up to voice his grievances.

Modack: "Can I speak to you, my lordship?"

Henney: "No, speak to your lawyer."

Modack: "I want to say I’m having an unfair trial, my lord. All my evidence is being disregarded, my lord."

Henney: "Yes, Mr Modack."

Following the exchange, Modack asked Judge Henney if he could be appointed a new lawyer.

The matter was subsequently adjourned to allow Advocate Sibda time to consult with his client and formally confirm Modack’s intentions regarding his legal representation moving forward.