Accused challenges CCTV footage evidence in AKA murder case
The man who allegedly received money for the alleged hit on rapper Kiernan “AKA” Forbes has denied being seen on CCTV footage following Forbes on the day he was killed in February 2023.
Forbes and his friend chef Tebello “Tibz” Motsoane were gunned down at a restaurant on Florida Road in Durban.
Mziwethemba Gwabeni, who is alleged to have received R800 000 from Mfunda Gcaba, through his counsel, advocate Simphiwe Mlotshwa, said the CCTV footage that the State has as evidence that he was following the rapper on the fateful day does not clearly show the person who was driving the BMW. The BMW followed Forbes from the airport till he got to a hotel in Umhlanga.
“I therefore humbly implore this honourable court to conduct a juxtaposition exercise where it looks at new alleged details of the video footage in the investigating officer’s answering affidavit in comparison with the clarity-seeking questions asked by this Honourable Court and captured by the record of the initial bail application,” he said.
Gwabeni and his co-accused, Lindokuhle Ndimande, are seeking bail for the second time based on new facts. They have both indicated financial hardships.
Gwabeni indicated that he at least owes R100 000 to a private school. Ndimande said his only taxi that made R20 000 a month was in an accident and had not been repaired due to his incarceration.
The State alleges that Gwabeni was seen at the King Shaka International Airport speaking on the phone and following Forbes, who had just landed.
Reading the affidavit of the investigating officer warrant officer Kumarasan Pillay, State senior prosecutor advocate Elvis Gcweka said: “The State has now secured CCTV footage at the King Shaka International Airport for the day of the incident when Forbes arrived. Forbes is seen arriving at the airport around 14.47, walking out of the arrival terminal towards the parking lot where his entourage was awaiting him. As he joins them, they all walk towards the car rental area.”
He said Gwabeni arrived at the airport at the time Forbes was walking towards where his entourage was waiting for him.
“While walking as they joined each other, Gwabeni followed them for a short distance walking behind with a limp. He is wearing a white and black top with long sleeves and navy short pants, he is wearing push-in shoes. As he is following Forbes and his entourage, he is on a call. We established that the said call was to the second accused Zenzele Ndimande,” said Gcweka.
He said Gwabeni followed the entourage up to the car hire to a distance of a few metres closer to them. He was there for a short period of time and left them there while still on the phone.
Gcweka said Gwabeni can be seen inside the BMW.
“The same clothing he is seen wearing inside the airport can be seen inside the BMW and he is the driver. As he drove past the hotel where Forbes and his entourage entered, he made another call to Zenzele,” he said.
The State said Gwabeni’s cellphone records also placed him wherever Forbes was on the fateful day.
Moreover, the provincial deputy director of prosecutions Advocate Lawrence Gcaba clarified to the court that at the initial bail application, the State had not got the video footage at the airport as they had to follow proper procedures to obtain it.
Although the State said the loss of R20 000 due to Ndimande’s taxi being in an accident is far less compared to his earnings at the poultry farm, Ndimande said he makes R70 000 per month on the poultry farm.
Ndimande said one cannot underestimate the loss of R20 000 income.
“If one understands the difficult current living conditions, especially in my situation where I also have to look after my late f000+0+ather’s wives,” he said.
The State has opposed the bail and said the supposed new facts have been reshuffled. Judgement is set for January 15.
nomonde.zondi@inl.co.za