By Lehlohonolo Lehana.
The case against five of the seven accused in the Kiernan AKA Forbes and Tebello Tibz Motsoane has been postponed to next Tuesday, the 2nd of April.
Forbes and Motsoane were shot dead while exiting the Wish restaurant in Florida Road in Durban, in February last year.
Mziwethemba Harvey Gwabeni and his co-accused Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, and Lindokuhle Lindo Ndimande, 29, face 12 charges.
These include two murders, conspiracy to commit murder, unlawful possession of firearms and ammunition, five attempted murders, and money laundering. All are applying for bail.
During the bail proceedings, State revealed in the Durban Magistrate’s Court that there was no evidence of services rendered to the company Bright Circle, which paid the sum of money into Gwabeni’s FNB account, a day after the murder of rapper Forbes and Motsoane.
Gwabeni, had received a large sum of money from the company that he had claimed paid him R803 000 for services rendered.
Senior State advocate Elvis Gcweka read out the affidavit of the investigating officer, Warrant Officer Kumarasan Pillay, detailing the evidence the State has against the accused.
“From the evidence it was established from Gwabeni’s bank records that on February 11 at 2pm, he got R803 000. Cellphone records show prior to the money being deposited the accused made a call to a number linked to Sydney Mfunda Gcaba; then the money was transferred to his account,” read Gweka.
According to the officer’s affidavit, “The reference “consult” was used in the deposit — something which the State believes was done to throw off the fact that the said money was allegedly for AKA’s murder.
State Prosecutor Lawrence Gcaba told the court cell phone records also placed another accused, Lindokuhle Mhlaliseni Ndimande, in the vicinity of the Hilton Hotel.
“At 16:39, applicant number 5 Lindo’s cellular phone records places him in the vicinity of shaka’s board in Mhlanga which is not far from the hotel.
“According to the tracking report, the above-mentioned grey VW polo with registration NUR 5728 is at Umhlanga rocks drive at 16:40.
“Cellphone record places Siyabonga Gezani Ndimande at Kingston Square at 16:53 at the same time the grey Polo is at groupvelds highway according to the tracking report.
“It was later identified that this grey polo was a vehicle used by the assailants” he said.
Gcaba added one of the Ndimande brothers, who were arrested in Eswatini, is said to be the alleged triggerman.
“The state is in possession of witness statements implicating the applicant in the commission of this offense. The witness and the scientific evidence was present when the white Mercedes and the firearms were handed back after the matters were committed. The evidence further suggests that Malusi Dave Mjay is the first shooter who fired shots at the first deceased” he said.
Magistrate Victor Hlatshwayo said the suspects will remain in custody.
Meanwhile, inside the court, AK’s father, Tony Forbes, flanked by his bodyguards, sat quietly while the gruesome details of his son’s death were being revealed.