Five AKA-Tibz suspects in Durban Court for bail. Image: Supplied
Five of the seven men arrested in connection with the murder of musician Kiernan “AKA” Forbes and his chef friend Tebello “Tibz” Motsoane reappeared in the Durban Magistrate’s Court on Tuesday.
Bail applications including affidavits containing witness statements, cell phone records and CCTV footages of the accused were brought forward by the state who opposed the suspects’ bail.
Three applicants responded to the state’s opposition to their bail applications.
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Lindokuhle Mkhwanazi, the first applicant said the state’s case was cold and held inaccurate facts.
“Certain allegations made by the investigating officer are vague,” he said.
Furthermore, he said the investigating officers were “clutching at straws” as they did not have any concrete evidence to tie him to the accusations pointed at him, considering the time of AKA’s murder and his arrest.
Mkhwanazi said the state based its evidence off informants “which the detective refused to reveal”, instead of concrete evidence.
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The suspect said he was not fully informed of the terms of his bail.
Furthermore, he said “the state did not have grounds to oppose bail in this matter, but the state formulated the grounds while this bail application was in progress”.
Mkhwanazi maintained his stance that he was assaulted by the police and forced to admit he was involved in the murder of AKA.
“Throughout this bail application the investigation officer never denied my claim by and in the hands of [the] police,” he added.
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He further argues that the police along with the detective purposely omitted information to strengthen their “weak” case.
Mkhwanazi argued the state gave a distorted picture about the R803 000 deposited into accused number four’s account was not the only amount as there were prior payments from Mfundo Gcaba [the depositor].
“I do not dispute that for security work I rendered, without being paid over a period- that I was paid eventually- R100 000 by the fourth applicant,” he said.
Moreover, he said the money deposited to his wife’s Capitec account was isipheko/ukuphekisa because he married on 23 February 2023, insinuating that the money was a wedding gift.
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Applicant number three Siyanda Myeza denied being ever employed by Gwabeni as a security guard. He further denied neither having any involvement nor receiving payment from applicant number four.
Myeza also said the state’s case against him was not strong. Additionally, he told the court that he is not linked to the murder cases he is accused of.
“It is not me but only the firearms that are linked to the cases.
“I am alone, I alone am charged – there is no co-accused in this matter. I submit that the Saps are attempting to marry me up to other cases through the one firearm that was allegedly in my possession,” he defended himself.
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Moreover the third applicant denied being in possession of the Mercedes Benz that was used to follow around Kiernan on the night of his death.
Lindokuhle Ndimande the fifth applicant responded to the state’s opposition to his bail by saying he handed himself over to the police because his mother’s life was threatened by the police.
Moreover he disputed visiting eSwatini but confirmed that his virtual card was used in the location by one of the Ndimande brothers.
Ndimande told the court that he was stood up by his date and that is the reason why he was alone at Wish restaurant where AKA was dining with his entourage.
“I dispute any notion that I was a spotter as I was not even aware that the first deceased was also around,” his affidavit read.
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Ndimande told the court that he was just as shocked as everyone when he heard shooting and denied any knowledge of AKA’s presence at the restaurant.
Moreover, the accused said he changed banks [Discovery and Tyme Bank] due to issues with said financial providers, and his changing banks on the same day as AKA’s death was purely coincidental.
He further said he worked as Gwabeni’s long distance driver who paid him R100 000 after not paying him for a while.
Applicants two and four, Lindani Ndimande and Mziwethemba Gwabeni’s bail applications have been adjourned to next week Monday.
Judge Vincent Hlatshwayo postponed bail proceedings to 8 April. All five of the accused remain in custody at Westville Prison for further evidence.
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