The trial of alleged underworld figure Nafiz Modack and 14 co-accused in the Western Cape High Court was interrupted this week after one of the accused reported ill-health, prompting the presiding judge to subpoena a clinical nurse from Pollsmoor Prison to provide a formal assessment.
Illness brings cross-examination to a halt
Cross-examination of accused number 4, Toufeek Brown, was under way on Wednesday when accused number 5, Riyaad Gesant, informed the court he was not feeling well. Proceedings were adjourned early that day.
When court resumed on Thursday, Gesant said he remained unwell despite a note from a Pollsmoor clinical nurse stating he was fit to attend.Presiding Judge Robert Henney said the note was insufficient and demanded a proper clinical diagnosis in writing. He subsequently issued a subpoena for the nurse to appear in court.
"She needs to provide us with a proper clinical diagnosis in a document; otherwise, if not, I will subpoena her,"
The case against Modack and his co-accused involves allegations that they operated a criminal enterprise. During Thursday's session, prosecutors continued cross-examining witnesses linked to that case, but the focus shifted to the health and fitness of Gesant to participate in his defence.
What the subpoena seeks and why it matters
Judge Henney's move to subpoena the nurse aims to secure authoritative medical evidence about Gesant's condition so the court can decide whether he is fit to continue with the trial. Fitness to stand trial is a fundamental legal threshold in criminal proceedings; if an accused is medically incapable of participating, the court may postpone proceedings or order further assessments.
The judge asked that the nurse provide more than a general clearance, seeking details sufficient to establish the accused's ability to listen to evidence, instruct legal counsel and participate in cross-examination.
- Number of accused: 15 (including Nafiz Modack)
- Named in recent hearings: Accused 4 (Toufeek Brown) and Accused 5 (Riyaad Gesant)
- Current procedural action: Subpoena issued for Pollsmoor clinical nurse to provide a formal clinical diagnosis
Case background and courtroom dynamics
Prosecutors allege Modack used local gang structures to commit murders and to operate a broader criminal enterprise. In recent testimony, Brown was presented as a figure of interest to the state, described by prosecutors as the alleged leader of a local gang that prosecutors say Modack relied on.
The trial has attracted attention because of the gravity of the charges and the number of accused. Although the court continues to hear cross-examination on some witnesses, interruptions such as illness can slow proceedings and affect scheduling for witness availability and the court roll.
Practical implications
Subpoenaing prison health staff is not unprecedented, but it underscores the court's responsibility to ensure fair trial standards are met while balancing the need to proceed without unnecessary delay. The outcome of the nurse's testimony and any further medical reports will determine whether proceedings continue or are paused for further medical evaluation.
For now, the state remains in the process of presenting its case through witness testimony and cross-examination. Defence teams will have the opportunity to respond to any medical evidence put before the court and to raise any objections as the judge directs.
| Person | Role/Status in court |
|---|---|
| Nafiz Modack | Accused; alleged underworld gang boss |
| Toufeek Brown | Accused number 4; subject of cross-examination |
| Riyaad Gesant | Accused number 5; reported ill, nurse to be subpoenaed |
The Western Cape High Court will reconvene as directed by Judge Henney once the nurse has been subpoenaed to appear and provide the documentation or testimony the court has requested. The timing and effect of that evidence will determine the immediate timetable for the trial.
Police and prosecution statements on the broader allegations against the accused remain part of the record as the trial progresses. The subpoena signals the court's insistence on clear medical findings when an accused's fitness to stand trial is in question.
Coverage of the matter will continue as the court publishes further orders and as the subpoenaed medical evidence is presented.
