Durban — Legal representatives of the suspects accused of playing a role in the murder of South African musician Kiernan “AKA” Forbes and his friend, celebrity chef and entrepreneur Tebello “Tibz” Motsoane, have vowed to challenge the bail denial for the accused.
Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle “Lindo” Ndimande, 29, appeared in the Durban Magistrate’s Court on Wednesday to learn that their bail application was denied.
They face charges of conspiracy to commit murder, murder of Forbes, murder of Motsoane, unlawful possession of a firearm and ammunition, and five counts of attempted murder. Charges of money laundering were added by the State.
Four of the accused have other pending cases, except for the alleged mastermind Gwabeni, who is also said to have received more than R800 000 in payment for the killing.
Forbes and Motsoane were shot and killed outside the now-defunct Wish Restaurant in Florida Road, Durban, on February 10, 2023.
Before announcing his decision, Magistrate Vincent Hlatshwayo said that the court had employed evidence based on the investigating officer, ballistic reports and experts, cellphone records, CCTV footage, car tracker reports, and bank statements to support its case. The onus to prove innocence rested on the accused; they failed to substantiate their claims of innocence but rather attacked the court.
Hlatshwayo said four suspects could be linked to the scene of the crime, and he was in agreement with the State that since applicant 3 was not at the murder scene, the hit would not have been possible without his input. All four of the suspects were also placed in or around the vicinity of Gwabeni’s home the day after the murders when the payments were made.
The magistrate said the decision to deny bail took into consideration whether there were risks involved if the suspects were granted bail.
“It is the finding of this court that it would be reckless and irresponsible to allow the accused to be released on bail,” he said.
Meanwhile, Natasha Ramkisson-Kara, National Prosecuting Authority KZN spokesperson, welcomed the decision by the court.
“The NPA is pleased with the outcome as we do believe that we have put through a very strong and credible argument in our opposition to bail.”
Sizwe Cele, attorney for Gwabeni, said he was disappointed by the outcome.
“Most of the accused are business people. The prejudice is immense because some of them have already been in custody since October last year. So it is going to have an effect on their livelihoods,” he said.
Taylor Gielink, representing Myeza, said they were also not pleased with the outcome.
“We are not happy with the judgment. It is not what we expected. We are going to appeal.”
The suspects were remanded in custody. They are due back in court on August 8.
The two other suspects arrested in eSwatini are brothers Siyabonga and Malusi Ndimande.
The duo are yet to be extradited back to South Africa after their case was postponed at the Manzini Magistrate’s Court on Tuesday.
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