The accused, charged with the murders of Kiernan Forbes and Tebello Motsoane, have denied that they had any links to the murders and said large payments made to them were business-related. Picture: Doctor Ngcobo/Independent Newspapers
The accused, charged with the murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane, have denied that they had any links to the murders and said large payments made to them were business-related.
The accused Thabani Mkhwanazi, Siyanda Eddie Myeza and Lindokuhle Ndimande are applying for bail in the Durban Magistrate’s Court.
On Tuesday the three sought to respond to allegations linking them to the murders which were contained in the affidavit of investigating officer Kumarasan Pillay.
Pillay’s affidavit was presented to the court in support of the State’s opposition to bail.
In his affidavit, Pillay set out how the men had been linked to the crime through cellphone and banking records.
Mkhwanazi and Ndimande said large payments they received from another accused Mziwethemba Gwabeni was for work that they had done over a period of time.
Mkhwanazi said that he refuted allegations that he was involved in the murders and disputed cellphone records which the State said placed him at the crime scene.
“I understand that cellphone evidence never gives exact locations and is dependent on the available cellphone towers provided it is within a 4km to 10km radius. I dispute such allegations that place me at the scene where both AKA and Tibz met their deaths.”
Mkhwanazi added that he disputed any suggestion by the investigating officer to the effect that he knew or did something with the white Mercedes-Benz mentioned in the investigating officer’s affidavit. “I have no knowledge about it.”
Mkhwanazi said the money that he received from Gwabeni was payment for work he had done for which he had not been paid.
“I do not dispute that (there was) security work I rendered without being paid over a period. I was eventually paid R100 000 by the fourth applicant in February last year.”
Myeza said he could not have been at the crime scene as he had sustained a gunshot wound to his ankle on February 10, 2023 and was taken to hospital at around 9.30pm.
“I was then admitted as a patient straight from casualty on February 11, 2023 at around 12.30am. My ankle was shattered and I remained on crutches until recently.”
Myeza added that at the time of the shooting incident at around 10.18pm on February 10, 2023, he was in the casualty unit at King Edward Hospital.
“I was therefore not capable of being on the scene at the time of the shooting, in a position to collect firearms and a Mercedes-Benz and presumably hiding as I was in hospital with a catastrophic injury.”
Myeza added that the State’s case was weak.
“The interest of justice does not demand that bail should be denied and exceptional circumstances exist permitting my release on bail.”
Ndimande denied the allegation that he was a spotter on the night of the murders.
“On February 10 I was at Wish restaurant on Florida Road to meet a lady and made repeated calls as she did not arrive. I continued to wait and was eventually informed that she was not coming. I was not aware that the deceased Kiernan ‘AKA’ Forbes was at the restaurant and did not even know him. I only became aware of the situation when I heard a shooting had taken place outside.”
Ndimande added that the money he received from Gwabeni was for work he had done.
“I was a driver for Gwabeni and did not receive payment for months.
Therefore, I was paid a large amount of money for work that I had completed.”
The case is back in court next week for the other accused Gwabeni and Lindani Zenzele Ndimande to respond to the State’s opposition to bail.
The Mercury
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