Cape Town - Judgment in the bail application of Ziyaad Poole – who has allegedly been linked to what the State has dubbed “The Nafiz Modack enterprise” – will be heard on December 7 in the Cape Town Regional Court.
Last week, the State handed in to the court Hawks detective Pieter Joubert’s affidavit opposing bail for Poole, shedding light on some of the missing pieces of the State’s prosecution.
While Joubert’s evidence relates to Poole’s involvement in the enterprise, he makes it clear that no allegations of gang membership have been brought against Poole, instead focusing on his role as Modack’s associate.
The affidavit pegs Poole as the middle man between Modack and Terrible West Sider’s gang leader, Moegamat Toufeeq Brown, who happens to be Poole’s cousin and co-accused.
Poole is charged alongside Modack, Brown, Zane Killian, Fagmeed Kelly, Riyaad Gesant and Mario Petersen for their alleged involvement in the failed hits on William Booth and Andre Naude; the grenade attack on slain Anti-Gang Unit detective Charl Kinnear’s home, and the murders of Nicolaas Heerschap and Richard Joseph.
Joubert said Poole was identified as the person who delivered the cash to Amaal Jantjies, funding the failed grenade attack on Kinnear’s house.
He further placed Poole at Brown’s house after the Hawks detective’s father Nicolaas Heerschap was killed.
Abongile Nqodi, who has since confessed to being the shooter, said that Poole delivered a blue plastic bag filled with R25 000 in cash to Brown’s house as payment for their work.
Nqodi had also revealed that he was told by Modack that Poole would be his contact person after his success at killing Heerschap.
“The applicant gave Bongi R3 000 and told him that there was a white man that he must kill for accused one. This man was allegedly in conflict with accused one regarding the night club industry. It was clear that the applicant was giving instructions on accused one’s behalf. This white male was later identified as André Naude.”
He said from what they gathered from Nqodi, “accused one (Modack) wanted William Booth dead as payback because he suspected that Mark Lifman and Jerome Booysen were behind the murder of advocate Pete Mihalik”.
Nqodi had shared how he had tracked Booth for months before the failed attempt on the lawyer’s life.
When Modack was arrested in April last year, Poole was in the passenger seat with a 9mm pistol, doing security work for Modack.
Joubert said that Poole lied about having a permit for the firearm, as he claimed he had been employed by a security company as Modack’s bodyguard after he left the employ of ASP security services.
Joubert said Poole had previously come clean about payments he received from Modack’s Empire Investment Cars but was hesitant to give the details of what he was being paid for.
After Poole was arrested and charged for the possession of the firearm, he allegedly told Joubert that he had been employed by ASP security for the sole purpose of protecting Modack and this contract was extended when he started working for Tyte security. He said he was being paid R7 000 in cash monthly for his work with Modack.
“The applicant mentioned that he hated Nafiz Modack and clearly tried to distance himself from Modack. All evidence gathered at that stage contradicted this aspect and indicated that he was Modack’s right-hand man,” the affidavit reads