State leads detailed evidence in AKA case

The state has CCTV footage, cellphone records, ballistic reports and car trackers linking those accused of killing Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane in Durban on February 10 last year, the Durban Magistrate's Court heard yesterday.

In the dock and continuing to apply for bail were five of the seven men arrested in connection with the murders: Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande (35), Siyanda Eddie Myeza (21), Mziwethemba Harvey Gwabeni (36) and Lindokuhle “Lindo” Ndimande (29), who appeared at the Durban Magistrates Court yesterday.

They face charges of conspiracy to commit murder, two counts of murder, unlawful possession of a firearm, unlawful possession of ammunition, and five counts of attempted murder.

The state added two more charges of money laundering (acquisition, possession or use of proceeds of unlawful activities) for Mkhwanazi, Ndimande, Myeza and Gwabeni.

State prosecutor advocate Elvis Gcweka said the accused were a gang and not businessmen as they had claimed.

“They gave each other [roles in executing the hit] and the state will lead evidence showing how this was planned and executed.”

The state also alleged that Gwabeni made a call to a Sydney Mfunda Gcaba before the R800 000 was paid to him.

This money was later distributed to the numerous co-accused.

In an affidavit opposing their bail application, Gcweka read a statement by investigating officer Kumarasan “Bob” Pillay. Pillay testified that his team has obtained several statements from witnesses, including ballistic experts, cellphone records and analysis reports, bank records and statements, CCTV footage, vehicle tracker reports amongst other evidence.

“Around the time that the deceased [AKA] arrived at the airport, there is evidence that applicant four, Gwabeni, was also at the same airport.

“The cellphone records of Gwabeni indicate that he was at the airport at the same time. Further, Gwabeni used his phone to pay for parking at King Shaka Airport using his virtual card. We have evidence supporting this payment.”

Pillay further explained that Gwabeni left the airport at around the same time as AKA and followed his movements.

“AKA was followed by a grey BMW from the airport to the Hilton Hotel in Umhlanga and this was the same BMW Gwabeni had admitted belonged to him in his bail application.

“The deceased passes the toll gate into N2 South around 15:02:55 and the said BMW passes that toll at 15:03:25.”

Pillay said evidence shows that phone records also placed applicant five, Lindo, in the vicinity of the Hilton Hotel in a grey VW Polo.

“It was established that this grey Polo was a “spotter vehicle” used by the assailants ... and that Gwabeni had hired the grey VW Polo that was used as a “spotter vehicle”.

Gcweka said if the accused were released on bail they would be a danger to the public. The matter was rolled over to April 2.

They gave each other [roles in executing the hit] and the state will lead evidence showing how this was planned ... ”