The trial of seven men accused of murdering Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane was postponed on Tuesday after a cellphone was allegedly found on one of the accused, Mziwethemba Harvey Gwabeni, in the court cells. The incident occurred at the Durban High Court, where the trial was underway. According to sources, a police officer allegedly saw an attorney who is not on record for the matter walking down to the court cells carrying a white device.
The trial had been ongoing, with Judge Nomfundo Sipunzi ruling in favour of the defence and ordering that six charges faced only by third accused Siyanda Eddie Myeza be separated from the main trial. The matter was stood down following the ruling, and all counsel went to the judge's chambers at her request. When they returned to court, the prosecution team, led by KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba, appeared to be engaged in a serious discussion.
As Sipunzi returned to the courtroom, Gcaba immediately stood up and asked that they return to chambers, citing that something serious had happened. The judge immediately left the courtroom, followed by counsel. A court orderly was also called to the judge's chambers. Moments later, the judge's secretary returned to the courtroom, visibly angry, and instructed all members of the public seated in the gallery to leave.
Police officers in the courtroom were then directed to sit at the back of the gallery, while media representatives were asked to produce their accreditation and were allowed to remain. The accused were subsequently brought back into the courtroom before Sipunzi returned. She then postponed the matter to Wednesday, citing an issue relating to security that necessitated the courtroom to be cleared.
According to multiple reliable sources, the security concern arose after a police officer allegedly saw an attorney who is not on record for the matter walking down to the court cells carrying a white device. The device was later discovered to be a Hisense Y83 cellphone, which was allegedly hidden in the sleeve of Gwabeni's olive green blazer.
The sources alleged that the cellphone had been given to Gwabeni by the attorney who is not on record for the matter. It remains unclear whether a criminal case will be opened in connection with the incident. However, reliable sources confirmed that the cellphone was seized by police. Gwabeni is charged alongside Lindani Zenzele Ndimande, Myeza, Lindokuhle Mhlaliseni Mkhwanazi, and the Ndimande brothers Malusi Dave and Siyabonga Gezani.
The accused allegedly shot and killed Forbes and Motsoane on Florida road in February 2023. The trial continues on Wednesday morning. The incident has raised concerns about the security and integrity of the trial, with many questioning how the cellphone was smuggled into the court cells.
Key points
- A cellphone was allegedly found on one of the accused, Mziwethemba Harvey Gwabeni, in the court cells, leading to the postponement of the trial.
- The trial of seven men accused of murdering Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane had been ongoing at the Durban High Court.
- The incident has raised concerns about the security and integrity of the trial.
