Suspected underworld kingpin has been accused of intercepting certain cellphone calls without consent and it is alleged that he did so to try and defeat the ends of justice.
These details are contained in an amended charge sheet in an extortion case against him and four others in the Cape Town Regional Court, where the group appeared on Monday.
“[Modack], while being a party to communication with [a potential witness in the case] Radley Dijkers, intentionally intercepted a communication to wit cellular telephone calls in the course of their occurrence or transmission without the consent of Radley Dijkers in writing, or other part to the communication, with the purpose of committing a criminal offence to wit defeating or attempting to defeat the ends of justice,” the charge sheet said.
Modack‘s response to this allegation the State levelled against him is yet to be heard.
State also referred to recordings
Audio recordings have previously been referred to in the Cape Town extortion matter, in which he is the focus.
As part of its case, the State previously between Modack, Major General Jeremy Vearey and a former State Security Agency official Russel Christopher, who trained with Vearey in the ANC‘s intelligence structures prior to 1994.
In this recording, Modack, according to a police investigator, said two high-ranking officers – Major General Mzwandile Tiyo, the Western Cape‘s head of Crime Intelligence, and Major General Patrick Mbotho, previously a provincial head of detectives – could sort out problems he faced.
It is not yet clear how this meeting was recorded.
Modack appeared in the Cape Town Regional Court on Monday along with Cronje, Carl Lakay, Ashley Fields and Colin Booysen – suspected Sexy Boys gang boss Jerome Booysen‘s brother.
Several men dressed all in black, apparent security guards, accompanied Modack to and from the court building.
Modack and the four others were arrested in mid-December and during a bail application, which stretched from then until February 28 in the Cape Town Magistrate‘s Court, audio clips were played by both the State and defence.
During the bail application, which ended with all the accused being released from custody, Colonel Charl Kinnear, the investigating officer in the extortion matter, testified that Modack, Colin Booysen and other accused had extorted R90 000 from The Grand, an establishment in Granger Bay, by forcing managers there to make use of their security.
However, Modack‘s advocate Edwin Grobler had questioned Kinnear about whether Dijkers, a complainant in the matter and the brand manager of The Grand, or Stuart Bailey, the operations manager of the Harbour House Group, under which The Grand falls, had ever been threatened by any of the accused in the case.
Grobler had in January played two audio recordings for the court – conversations between Modack and Dijkers.
In one recording Modack is heard asking Dijkers if he or Colin Booysen had tried to threaten, intimidate or extort him in any manner.
Dijkers replies: “No, no, that‘s what I told Leon yesterday…. There was no intimidation or anything like that at all.”
It was not clear who the Leon was to whom Dijkers had referred.
Dijkers is then heard saying to Modack that an arrangement was made and “you guys” said the costs were higher than anticipated.
Modack replies that that is “normal business”.
Potential witness ‘felt threatened‘
Kinnear had also played an audio clip of a conversation between himself and Dijkers. In this clip, Dijkers told Kinnear he had said what he had to Modack as he felt threatened.
The charge sheet, referred to during Modack‘s brief appearance in the Cape Town Regional Court on Monday, accused him of trying to defeat the ends of justice.
It said he called a potential witness, Dijkers, “and while placing him under duress and without his knowledge or consent obtain recorded communication from him, aimed at adversely affecting the criminal case of extortion made by Stuart Bailey”.
The amended charge sheet also shows what different suspects in the case are accused of.
All were accused of extortion and running a security service while not registered with the Private Security Regulatory Authority.
They were also accused of money laundering, while Lakay was accused of acquiring, possessing or using the proceeds of unlawful activities.
The advocates and attorneys in the case were to make representations to the State about the charges the accused faced.
Modack and his co-accused are expected back in the dock on June 12.
Earlier this month, an attempted extortion case in Johannesburg against Modack and veteran bouncer Jacques Cronje was withdrawn.
In January, Modack and a relative had also been charged with car theft in a Cape Town case which was later withdrawn in the Bellville Magistrate‘s Court.
The Cape Town extortion case is, therefore, a possible final legal hurdle Modack faces.