Modack tax fraud trial delayed as judge recuses himself

Alleged underworld figure Nafiz Modack has scored a small victory in his tax fraud case after the judge agreed to step aside.

Judge Mark Sher has recused himself from the R46 million SARS fraud trial just weeks before it was due to start. As a result, Modack and his co-accused will have to wait even longer to have their day in court.

Modack’s lawyer, Advocate Bash Sibda told the court last month his client wouldn’t get a fair trial if Sher stayed on the case after he presided over Modack’s bail appeal in March 2023, in the case where he stands accused of murdering cop Lieutenant-Colonel Charl Kinnear.

Modack is facing serious charges alongside seven co-accused, including mother Ruwaida and brother Yaseen Modack for allegedly ripping off the taxman.

A letter from Judge Sher’s office to the defence and State read: “Judge Sher has concluded that it would be proper and correct that he recuse himself from presiding in the forthcoming trial of the State v Modack and others on tax-related offences.”

Sher explained that he stepped aside due to “the findings and comments that were made in the judgment which was handed down in 2023 in the appeal which Mr Modack lodged against the refusal of bail in another criminal matter” and to ensure Modack’s right to a fair trial.

The trial was set to start on July 28, however the matter is on ice until a new judge is appointed.

Cape Times