Nafiz Modack in the Western Cape High Court. (Theo Jeptha/Netwerk24)

The testimony of a disgruntled Durban investor who asked Nafiz Modack to force an asset manager in Cape Town to pay back a failed investment was put on hold on Thursday for three witnesses to authenticate some of the text messages exchanged during this incident. 

The Western Cape High Court was teetering on the edge of a trial-within-a-trial on Thursday morning when the matter of the text messages was broached by the State.

Modack’s counsel, Bash Sibda, complained that some of the texts could be considered hearsay because the authors would not be testifying on their authenticity.  

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