WATCH: AKA-Tibz murder case: Leaked emails and circumstantial evidence

One of the suspects pointed out as the paymaster in the murders of musician Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane will apply for bail on Tuesday.

Durban businessman Mziwethemba Gwabeni (accused number four) is expected back in the Durban Magistrate’s Court after his bail application hit a snag on Monday.

The state alleges that he received more than R800 000 for the murder before sharing the cash with his co-accused.

Watch state prosecutor speak about the leaked emails

AKA, Tibz murders: Before the reading of accused 4's affidavit, the state says some information from an email sent by them forms part of the affidavit which shouldn't be the case. #Newzroom405 pic.twitter.com/uLkTy7fQBp

— Newzroom Afrika (@Newzroom405) March 18, 2024

Leaked emails

Gwabeni was unable to proceed with the bail application after the state wanted certain documents and emails omitted from his affidavit.

State prosecutor Lawrence Gcaba said he was shocked to learn that his emails formed part of accused four’s bail application.

He said he found it concerning that his emails are in accused number four’s papers where as he was not part of a conversation he had with a colleague.

“There was no need for myself as the person who was generating that email to include any of my colleagues in that email. If the exchange is between ourselves and I find my emails in accused number four’s papers, where as he was not part of that conversation, it is concerning,” said state prosecutor Lawrence Gcaba.

Gcaba said the emails should not have been leaked to Gwabeni’s legal team.

Gwabeni, Lindani Ndimande and Lindokuhle Ndimande, three of the seven men arrested in connection with the murders of AKA and Tibz were expected to formally apply for bail on Monday.

ALSO READ: Three of seven AKA, Tibz murder suspects expected to apply for bail

Circumstantial evidence

However, only Ndimande produced an affidavit that could be read in court with reasons why he should be granted bail.

The court has heard that Ndimande, who said he was a taxi boss, could afford R20 000 bail.

In his affidavit, Ndimande argued that the state only had circumstantial evidence against him and challenged the prosecutor to produce eye witnesses who could place him at the scene of the crime.

Ndimande said if he were to be released on bail, he would not interfere with state witnesses.

Two other suspects, Lindokuhle Thabani Mkhwanazi and Siyanda Eddie Myeza, presented bail applications before Judge Vincent Hlatshwayo last week.

Charges

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

Two more suspects, brothers Siyabonga “Nxele” Ndimande and Malusi “Mjay” Ndimande, are still awaiting the finalisation of their extradition to South Africa from eSwatini.

AKA and Tibz were gunned down outside the now-defunct Wish on Florida restaurant in Durban on 10 February last year.

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