Modack and 14 others trial set to start as security withdrawn for widow of Kinnear.

By Lehlohonolo Lehana.

The widow of murdered Anti-Gang Unit detective Charl Kinnear is worried that she will lose her security protection again ahead of the trial of organised crime kingpin Nafiz Modack.

It is not the first time she has been told the security provided to her family was being withdrawn.

At the time when it was set to be withdrawn, though, Nicolette Kinnear had said that if it was removed, she would deal with the matter via the highest levels of SAPS.

Kinnear was assissinated outside his Bishop Lavis home in Cape Town in September 2020.

At the time, he was investigating several organised crime matters, as well as fellow colleagues who were suspected of creating fraudulent firearm licences for suspects.

The matter has exposed suspicions of deep-rooted cop corruption.

Several accused, including Modack (who Kinnear had been investigating) were arrested in connection with Kinnear’s killing.

The trial of Modack and 14 others is expected to get underway in the Western Cape High Court on Monday.

“I can assure you that the state is ready in fact the state has been ready for some time now,” said NPA’s Erick Ntabazalila.

But he said with multiple accused facing multiple charges, there are bound to be challenges, including securing legal representation.

“We went as far as assisting them  by offering them legal aid although some are refusing legal aid or dictating to legal aid which lawyers they want which is against the ACT,” he said.

Kinnear should have been under state protection at the time of his killing but was not and this has become a point of controversy within the South African Police Service (SAPS) because certain officers failed to ensure his safety.

When asked about the security withdrawal, Western Cape police spokesperson Colonel Andrè Traut said that officers would not publicly discuss the matter.

It was, therefore not immediately clear if the issue was a simple administrative one or whether there were other issues tied to it, for example, no risk established against Nicolette.

SAPS protection provided to individuals is of a classified nature and not something that is discussed in the public domain, but rather directly with the party concerned, “Traut said.

Meanwhile the civil rights organization Cape Forum argues that the security protection should at least stay until the completion of the court case, so that Nicolette can testify in court without fear for her or her family’s safety.

The civil rights organization says it is in possession of the confidential document in which this glaringly erroneous intelligence was detailed.

“The nature of Lt. Col. Kinnear’s murder is such that his family’s protection is critical. It is the responsibility of the SAPS to uphold their human rights in this regard. They must simply provide the assurance that the safety of individuals involved in legal action can be ensured and ensure that justice will be done without any intimidation,” said Bernard Pieters, manager of community activation at Cape Forum.

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