Lawyer William Booth tells court how he narrowly escaped murder

Four years after the attempt on his life on April 9, 2020, Cape Town criminal lawyer William Booth took the witness stand in the Western Cape High Court to recount the details of the attempt on his life.

It was the first time Booth had publicly shared the heartbreaking story.

The State maintains that the attempted attack on Booth was orchestrated by alleged underworld figure Nafiz Modack and his co-defendant, former debt collector Zane Kilian.

Read more at Daily Maverick: “Nafiz Modack conspired with Zane Kilian to murder prominent Cape lawyer, state claims amid series of charges”

On Friday, March 23, three members of the Terrible West Siders gang, Kauthar Brown, Ebrahim Deare and Riyaad Gesant, pleaded guilty and Sentencing agreement with the State. The trio admitted to receiving instructions from his gang leader to kill Booth.

Modack and Kilian, with 13 other defendants, They collectively face 124 charges including murder, attempted murder, corruption, gangsterism, extortion, interception of communications, money laundering and contravention of the Prevention of Organized Crime Act.

The 13 co-defendants are Ziyaad Poole, Moegamat Brown, Riyaat Gesant, Fagmeed Kelly, Mario Petersen, Jacque Cronje, Petrus Visser, Janick Adonis, Amaal Jantjies, former Anti-Gang Unit sergeant Ashley Tabisher, Yaseen Modack, Mogamat Mukudam and Ricardo Morgan. .

Prosecutor Blaine Lazarus told Booth that the reason he was testifying was to shed light on the attack that occurred on April 9, 2020, and the role he played in representing a State witness now known as Mr. C.

On Monday, the court heard that Booth helped Mr C bring charges of intimidation, kidnapping and extortion against one of Nafiz Modack’s allies, Jacques Cronje, known as Modack’s “enforcer”.

Due to these threats, the witness fled the country and appeared before the Western Cape High Court via video link from Dubai on Monday.

Read more at Daily Maverick: “Modack trial: State witness links botched investment to botched hit on attorney William Booth”

‘Popping sounds’

Booth told the court that on the morning of April 9, 2020, he had taken his two border collies for a walk.

“When I returned to the premises, I entered the garage area through a small gate. My wife’s car was parked in the driveway while mine was in the garage. When I entered the garage, all the doors were closed,” she said.

Booth said he noticed two people at the pedestrian gate. They were wearing masks and sounded like they were ordering food. This seemed suspicious to him.

He said the two men went to the front door and their dogs started barking.

“Immediately, as they went to the front door, I heard what sounded like popping and gunshots. At that moment, you don’t realize that you are being shot.

“There were five shots… four shots went through the vehicle and ended up in the dashboard, so anyone who was in the car probably would have been hit. The fifth bullet hit the garage wall.”

Booth said only one of the men was shooting. A vehicle was waiting for them and the perpetrators fled the scene.

After the attack, private security and the police were called. Booth praised the SAPS for its prompt response and handling of the subsequent investigation.

“I hired private security to protect my house, my wife and my family, in addition to accompanying me to the office and various courts. It was during lockdown, but the courts were open and I had permission to travel all over South Africa to attend court.

“I had to hire security to accompany me, which was a significant financial outlay,” the court heard.

Helping Mr. C

Booth told the court he met witness Mr C on March 11, 2020. Mr C had sought help in bringing kidnapping, intimidation and extortion charges against Jacques Cronje and Mr C’s former business partner Shanil Maharaj , in relation to a failed investment.

Booth then helped Mr. C draft an affidavit and helped him open a case at the Milnerton police station, as the incident that led to the charges had taken place at the Crystal Towers Hotel in Century City, just outside of Cape Town.

“After that, other lawyers in my office and I helped him obtain restraining orders against Cronje and Maharaj related to their constant contact with Mr. C and his family. An interim order was obtained at Wynberg Magistrates’ Court on 13 March 2020 and became final on 9 September 2020.

“With regard to the criminal case of intimidation, kidnapping and extortion, Cronje was arrested on April 2, 2020 and brought to court. The prosecutor did not register the matter…they asked that the matter be postponed for further investigation. Therefore, Cronje was released,” Booth explained.

“I helped him (Mr C) obtain security and also helped him find a clinical psychologist to assess and treat his psychological problems as a result of this incident. When he came to see me during this time, he was extremely distraught and felt like he needed help,” Booth said.

When no progress was made in the Crystal Tower incident, Booth contacted Lieutenant Colonel Charl Kinnear, a member of the Anti-Gang Unit.

“I knew him because I worked on cases with him, in addition to representing accused people in investigations. So, to ensure that the Crystal Tower matter was properly investigated, I felt it was appropriate to contact a high-ranking officer, specifically the high-ranking officer I knew, who would ensure that the investigation was carried out and treated efficiently and professionally,” he told the court.

Kinnear was murdered on September 18, 2020.

‘Lucky to be alive’

Booth told the court he was not familiar with the witness known as Mr A, had never met him and was not his client.

Two months ago, Mr A admitted to the Western Cape High Court that he had shot dead Nicolaas Heerschap, 74, outside his home in Melkbosstrand on July 9, 2019, as well as tow truck driver Richard Joseph. Nicolaas’s son, Hawks official Nico Heerschap, was investigating Nafiz Modack at the time.

Read more at Daily Maverick: “Gangster admits killing Hawks officer’s father, alleges Nafiz Modack was behind hit”

Mr. A also said during earlier testimony that the murder of attorney Pete Mihalik on October 30, 2018 led to a tit-for-tat situation. According to Mr. A’s testimony, Mihalik was Modack’s lawyer and Modack believed that the alleged boss of the Sexy Boys gang, Jerome “Donkie” Booysen, had killed him.

Modack then allegedly ordered the murder of Booth, who was Booysen’s lawyer. There was an offer of Three million rand to kill Booth.

Booth said: “I read about it in the media…in fact, I immediately contacted the media and told them that I have never represented Jerome or Colin Booysen, in any capacity.”

Presiding Judge Robert Henney said: “Mr A accurately described Booth’s movements, including where he stayed during the incident, where he practiced (law), where he stayed at Bishops Court, where he parked his cars and where he attended court cases. .

“Going back to your diary, no one would have known where you would have been, only you and your clients. Booth, you’re very lucky to be alive, but not the two people he killed, Heerschap and Joseph.

booth said Daily Maverick It was an emotional and traumatic experience for him in court on Tuesday.

“Yes, they could have killed me. “I consider myself extremely lucky and it’s quite scary to think that it could have happened on previous occasions and I was completely oblivious to it.”

pinging

Meanwhile, prosecutor Greg Wolmarans called Hawks officer Capt. Edward du Plessis to testify about the ping, the interception of telephone communications.

Du Plessis is a member of a national task force investigating the murder of Charl Kinnear of the Gang Unit almost four years ago. According to Wolmarans, Du Plessis will discuss findings relating to Kinnear’s murder, the attempt on Booth’s life and ping money laundering payments.

Du Plessis was asked to explain in simple terms the essence of ping.

“Pinging is basically a way to track a person’s cell phone,” he said. Kinnear’s movements were allegedly tracked using this method before he was shot.

Modack’s lawyer Bash Sibda objected, arguing that Du Plessis was not a ping expert.

On Wednesday, May 8, the State will argue why Du Plessis should be allowed to testify about the ping and the defense will present counterarguments. Judge Henney will then decide whether Du Plessis’ evidence is admissible or not. DM