The bail applications of five of the seven men arrested in connection with the murder of musician Kiernan “AKA” Forbes and his chef friend Tebello “Tibz” Motsoane continued on Thursday.
The defence of the applicants accused the state of delaying proceedings.
“It doesn’t help to just generically refer to the investigations as just being at an advanced stage,” argued advocate Simphiwe Mlotshwa.
However, Judge Vincent Hlatshwayo who has been handling the case has also expressed discontent about the dragging of the still ongoing bail hearings of AKA’s murder accused.
“We started with this bail application on the 14th of March, we are now into May. Bail applications are supposed to be urgent and are supposed to be disposed of as soon as possible. But we have taken almost two months because of the availability of yourselves,” said Hlatshwayo.
Lindokuhle Thabani Mkhwanazi, Siyanda Eddie Myeza, Lindani Ndimande, Mziwethemba Gwabeni, and Lindokuhle Ndimande who were arrested in connection with the murder in February last year, reappeared for their bail applications in the Durban Magistrate’s Court on Thursday.
Two other suspects, Siyabonga and Malusi Ndimande, are in the process of being extradited from Eswatini.
The applicants were charged with conspiracy to commit murder, murder, five counts of attempted murder, unlawful possession of a firearm and ammunition, and money laundering.
Family ties and flight risks
Continuing with bail applications on Thursday, the five accused all maintain the stance that the court’s case against them is weak. In their representations to Hlatshwayo, advocate Mlotshwa together with advocate Joe Wolmarans highlighted the elongated amount of time their clients have spent in custody.
They pleaded to be given bail on grounds that they would not flee the country or put themselves in dangerous situations.
Mlotshwa also reiterated that his two clients Mkhwanazi and Lindokuhle Ndimande are not flight risks due to not running away upon knowing they were being investigated in relation to the rapper’s murder.
“The accused knew prior to their arrests that they were being investigated in connection with this case, but they did not run away. The claim that they will evade trial, if released on bail, does not suffice. In the case of accused number five [Lindokuhle Ndimande], he handed himself over to the police, so that is not a person who would evade trial,” Mlotshwa said in defence.
Furthermore, Wolmarans argued that his client [Lindani Ndimande] was bound by having a fairly large family and this stood in the way of him escaping.
He also said that Ndimande’s family was not coping well as a result of his arrest and keeping the “family man” in custody any longer is just unfair.
“We are talking about a trial that will not start any time this year because police investigations are still underway. It’s unjust to keep anyone in custody for that long,” added Wolmarans.
Businessman mastermind
Gwabeni’s lawyer Paul Jorgensen said the state had no evidence to substantiate the claim made by Gwabeni that the R800 000 he received from Mfundo Gcaba was purely for business. He asserted that had there been evidence then the state would have arrested Gcaba.
“The payor releases a press statement confirming what applicant number four [Gwabeni] says. Now that thing does away with or weakens the state’s assertion in respect of the R800 000,” added Jorgensen.
Gwabeni, who was deemed the mastermind of the murder, denied having any involvement in Forbes’ killing.
While he admits renting out two cars, a grey BMW and silver VW Polo, he says he “does not recall” driving any of the cars the night of the murder or being in the same vicinity as the late rapper.
Four pending cases
The accused face several other pending matters independent from this case. Hlatshwayo brought this up during Myeza’s representation.
Myeza is facing three other charges of murder which are currently pending.
His lawyer Yolanda Gielink argued that the state had no valid reasons to keep him in custody while police investigations have yet to be finalised.
Gielink argued that her client is not linked to charges of murder, however, it is the firearm used in the four cases (including AKA’s case) linking him to said cases.
“Arrests are not going to point to guilt in this matter.
“He has never been convicted in any of these matters. If there were previous convictions, one would conclude that the person has a propensity to commit these crimes – but, as it stands, he has never been convicted,” Gielink added.
Court has been adjourned to Friday.
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