Cape Town - The Nafiz Modack trial was brought to a halt on Thursday as one of his co-accused was allegedly found with tik at the Western Cape High Court.
Proceedings were hampered by police scouring the holding cells and courtroom during lunch hour.
According to various sources, Modack’s co-accused, Moegamat Toufeek ‘Bubbles’ Brown, was found in possession of drugs in the holding cells.
The alleged leader of the Terrible West Siders gang is on trial alongside Modack and is charged with helping to orchestrate the attempted hit on attorney William Booth.
According to a source, police had been keeping a watch for the entire week amid claims the brazen exchanges were done inside the courtroom during the tea and lunch adjournments.
“He was found with a packet of tik and it is alleged that it was passed to him by a lawyer.
“He was allegedly watched for a long time and there were several exchanges in the past week and (yesterday) the Hawks decided to search the accused during the lunch hour.
“They found him in possession of tik, which was hidden inside a plastic tube, which holds effervescent flu tablets.”
Shortly before the lunch adjournment ended, provincial head of the Hawks, Mathipa Makgato, was seen arriving as access to Court 1 was barred.
“This is now a crime scene,” a detective was heard saying.
Judge Robert Henney called the legal representatives into a private meeting in his chambers before proceedings recommenced as Hawks detective, Captain Edward du Plessis, was seen clutching an evidence bag closely to his chest.
During court proceedings, Brown’s attorney, Nazier Parkar, formally withdrew from the case, saying he had become aware of the allegations.
Speaking to the Cape Argus, he confirms he was informed that Brown had been found with drugs and said: “I was not aware that Bubbles was charged with tik until it was brought to the attention of the judge. I heard that there was allegations that there were drugs found on one of the accused.
“The allegation that I had somehow supplied him with his drugs is denied by me. I had no knowledge of it and the reason I am withdrawing from this matter is simply because I believe that the allegations emanate from one of the accused and I deny it.
“As a consequence of the conflict that now exists I cannot further participate in this matter and the nature of the allegations render my participation untenable at this stage.”
Makgato clarified that no charges had yet been levelled as the Hawks are investigating the matter further.
The case has been postponed to Monday for Parkar’s clients, namely Brown, Ziyaad Poole and Imrahn Mukadam, to now apply for Legal Aid so the trial can continue.
Meanwhile, the testimony of former police officer, Chesron de Vries, has been put on hold until the new legal representatives are appointed.