’Not free, not fair’: NPA accused of ‘Donkie’, Lifman favouritism
The National Prosecuting Authority (NPA) has denied claims that they are favouring one underworld grouping over the other, after controversial businessman Nafiz Modack was sent to Pollsmoor Prison on Friday.
Modack and several rival dik dinge, including Mark Lifman and Jerome “Donkie” Booysen, are expected to return to court this week.
But questions have arisen over why the state is opposing bail for Modack, while Lifman and Donkie were set free unopposed while their cases are being investigated.
The men have all been arrested on serious charges including murder, attempted murder, extortion and charges under the Prevention of Organised Crime Act (Poca).
The legal team for murder accused Zane Kilian has slammed the decision by the NPA as unjust as they head to the Western Cape High Court next week to appeal the outcome of his bail hearing.
The 39-year-old former rugby player is accused of being part of the murder plot to kill Ant-Gang Unit cop Lieutenant-Colonel Charl Kinnear by pinging his phone.
On Friday, Kilian joined alleged underworld kingpin Modack in the dock at the Cape Town Magistrates’ Court where he was informed that they would stand trial together for the attempted hit on top criminal lawyer William Booth.
Since his dramatic arrest in Century City two weeks ago, Modack also faces a string of related charges, including a failed grenade attack on Kinnear’s home in 2019.
The case was postponed to Friday and the matter has been moved to the Blue Downs Regional Court where the cases will be consolidated.
Modack and Killian were both sent to Pollsmoor.
Meanwhile, Booysen and Lifman are set to return to court on Wednesday where they face charges for being behind the murder plot to kill “Steroid King” Brian Wainstein in his Constantia home in 2017.
The duo were arrested earlier this year along with alleged 27s gang boss William “Red” Stevens and released on R100 000 bail, which was not opposed by the NPA.
A month later, Booysen was again arrested by the Hawks for allegedly running a mandrax syndicate.
Again his bail was not opposed and he was released on R30 000 for that case.
Kilian’s lawyer Eric Bryer has slammed the NPA, saying: “It just seems so unjust that Kilian’s bail is denied where the Wainstein matter is a schedule 6 offence for murder, but bail for Lifman and Booysen is unopposed by the NPA.
“In Kilian’s case, they claim there is a strong prima facie case, however, only in the trial will we get the (cellphone) tower activation reports that will show exactly who on the platform was pinging Kinnear.”
When asked whether the NPA was favouring a certain set of alleged kingpins, spokesperson Eric Ntabazalila, said: “These are some of our strategic decisions we take at the NPA.
“We look at each case on its merits, we don’t blanket cases. We look at the merits and the seriousness of the charges faced by the accused.
“It's a very ridiculous allegation and we won’t waste time responding to such.”
NPA spokesperson Eric Ntabazalila. Video: Monique Duval
monique.duval@inl.co.za