Zane Kilian denied bail in Nafiz Modack trial for second time! A co-accused in the high-profile trial of alleged underworld gang boss Nafiz Modack, Zane Kilian, has been denied bail for a second time.
Kilian, who faces an array of serious charges, has remained in custody since his arrest in connection with the murder of top anti-gang unit cop Charl Kinnear in September 2020.
His second attempt to secure bail was dismissed in the Western Cape High Court on Wednesday.
Serious Charges Against Zane Kilian
Kilian is facing 43 charges, including racketeering, unlawful interception of electronic communications, and murder. One of the key pieces of evidence linking him to the murder of Charl Kinnear is the fact that he pinged Kinnear’s cellphone more than 2,000 times leading up to the officer’s assassination outside his home in Bishop Lavis.
The practice of “pinging” involves tracking a cellphone’s location using its signal, and it is alleged that Kilian did this on behalf of Modack. Kinnear was investigating organized crime in Cape Town and was considered a major threat to Modack’s alleged criminal operations. Despite the overwhelming evidence, Kilian has consistently denied any intention to harm Kinnear, claiming he believed he was simply assisting Modack with debt collection.
Court Ruling: Not in the Interests of Justice
High Court Judge Mark Sher, who presided over the bail hearing, found that releasing Kilian on bail would not be in the interests of justice. In his ruling, Sher highlighted the severity of the charges Kilian faces, particularly the murder charge, and the potential for lengthy prison sentences if convicted. Sher emphasized that the nature of these offenses is such that it would be unsafe to grant Kilian bail.
“Given the seriousness of the charges and the lengthy sentences he faces if convicted, it would not be in the interests of justice for Kilian to be released on bail,” Sher explained. The judge pointed to the likelihood of Kilian attempting to flee the country if he were released, thereby evading justice.
Risk of Fleeing Justice
Judge Sher stressed that the risk of Kilian absconding is a major factor in the decision to keep him in custody. With such serious charges hanging over his head, Kilian could potentially try to escape prosecution by leaving the country. “There is every likelihood that Kilian would seek to leave the country and evade justice if granted bail,” Sher added.
This is a common concern in cases involving organized crime, where individuals facing severe penalties may resort to drastic measures to avoid standing trial. Kilian’s connection to the broader alleged criminal network under Modack’s control further complicates the matter, as authorities believe he may have access to resources that could facilitate his escape.
Kilian’s Defense: Claims of Innocence
Since his arrest, Zane Kilian has maintained his innocence. His defense argues that Kilian was merely performing routine tasks associated with debt collection for Nafiz Modack and had no knowledge of a plot to murder Kinnear. Kilian’s legal team has repeatedly asserted that their client was not involved in any criminal activity beyond what he was hired to do.
Despite these claims, the prosecution has built a case that places Kilian at the heart of the plot to eliminate Kinnear, viewing him as an integral part of the operation that ultimately led to the cop’s death. The court has also highlighted the sheer number of times Kilian tracked Kinnear’s location, which prosecutors argue shows a deliberate effort to target the officer.
Next Steps in the Modack Trial
The trial involving Nafiz Modack, Zane Kilian, and other accused parties continues to unfold in one of the most closely-watched criminal cases in South Africa. Modack is alleged to be one of the key figures in Cape Town’s underworld, with ties to extortion, drug trafficking, and other organized crime activities.
The murder of Charl Kinnear, a decorated officer known for his work in fighting gang violence and organized crime, sent shockwaves through the country and escalated calls for tougher action against criminal syndicates.
As the legal process progresses, the focus remains on securing justice for Kinnear and dismantling the alleged criminal operations that led to his death. For Kilian, his hopes for bail have once again been dashed, and he remains behind bars as the trial moves forward.
The rejection of Kilian’s bail application underscores the court’s commitment to ensuring that those involved in serious criminal activity face the consequences of their actions without the possibility of evading justice.