Durban — While one of the “AKA” murder accused was behind bars, his pregnant wife fraudulently obtained a medical note that was used in her husband’s bail affidavit stating that he was asthmatic.
Senior State advocate Elvis Gcweka revealed this during the bail application in the Durban High Court on Wednesday.
Lindokuhle Thabani Mkhwanazi said in his bail affidavit that he was asthmatic and referred the court to a medical note attached to the document. He also told the court that his wife, a teacher, was pregnant with their first child.
“It had a doctor’s stamp dated March 11, but the accused was already in custody on that date – we were worried as to how he had consulted the doctor,” said Gcweka.
“We contacted the doctor (Dr Moodley). He said that on March 11 a pregnant woman came in with a person she identified as Lindo Mkhwanazi.”
According to Gcweka, the doctor said the imposter Mkhwanazi said he worked with chemicals and was asthmatic. The doctor prepared a note for him but did not include an ID number as the man did not have his ID with him.
Gcweka said the doctor gave them the name of the pregnant woman and it was the accused’s wife. Gcweka said the medical note presented to the court had an ID number on it, but, when interviewed the doctor disputed that the ID number was in his handwriting.
“This is indicative of the extent the applicant and his wife will go to. He (Mkhwanazi) deliberately supplied false information – this is someone who can’t be trusted. There is a likelihood he will jeopardise the proper functioning of justice if released on bail.”
Mkhwanazi is on trial along with his co-accused Mziwethemba Harvey Gwabeni, 36, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, and Lindokuhle Lindo Ndimande, 29, for killing rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane.
All face 12 charges, including two murder charges, conspiracy to commit murder and money laundering.
Gcweka said releasing any of the accused on bail would not be in the interest of justice.
“Applicants 1,2,5 (Mkhwanazi, Lindani Zenzele Ndimande, and Lindo Ndimande) told the court they have taxi businesses but these can operate without them. Mkhwanazi’s wife will be able to support their child while he is in custody. Gwabeni’s first wife is a doctor. She will be able to pay the bond and take care of their children.”
Seven suspects have been arrested for the double murder. Malusi Dave Ndimande and Siyabonga Gezani Ndimande, are in custody in eSwatini awaiting extradition.
Earlier the State, in an affidavit of the investigating officer, Warrant Officer Kumarasan Pillay, revealed Malusi Dave Ndimande was the shooter, Myeza supplied the getaway car and murder weapons, and Lindo Ndimande was the spotter inside Wish restaurant.
Cellphone records place Lindokuhle Thabani Mkhwanazi at the scene of the shooting, instructing how the firearms and getaway car should be dealt with.
The State has witnesses implicating Gwabeni as the driver of the BMW that tailed AKA’s car from the King Shaka International Airport to his hotel. He also received the R803 000 alleged to be for the hit from a company whose sole director is Sydney Mfunda Gcaba.
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Daily News