The murder trial into the deaths of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane commenced in the Durban High Court on Monday, with significant changes to the defence teams. Two prominent advocates withdrew from the matter, and new counsel stepped in. The families of the victims, including Tony Forbes and Sylvester Motsoane, were present in court as proceedings got under way.
The defence changes involve Advocate Jimmy Howse SC, who represented fourth accused Mziwethemba Gwabeni, being replaced by Advocate William Nicholson SC, who also serves as an acting judge. Additionally, Advocate Muzi Mzelemu, who represented Lindokuhle Thabani Mkhwanazi, will also represent Lindani Ndimande, who was previously represented by Advocate Paul Jorgensen.
The trial has been impacted by an application from Mkhwanazi to have his trial separated from that of accused Myeza. The State has indicated that it will oppose the bid. State advocate Gcaba informed the court that the prosecution had received correspondence from the instructing attorney concerning the separation of the trial. The State intends to file its response by Saturday while consultations are under way.
Mkhwanazi is seeking a separation because Myeza faces six additional charges, including two counts of murder and theft charges relating to a Toyota Etios. In his affidavit, Mkhwanazi argued that the charges against Myeza could instead be prosecuted separately in the Regional Court. He expressed concerns that remaining in court while evidence relating to Myeza's additional charges was presented would cause him financial prejudice and waste his time.
Judge Sipunzi has directed the State and defence to resolve outstanding issues before the murder trial proceeds. Among these are Section 220 admissions, which relate to facts agreed upon by the prosecution and defence and therefore do not need to be proved through evidence. The court was also informed that some witnesses would testify virtually from another province, while one witness had requested to testify in camera.
The seven accused collectively face 11 charges, including conspiracy to commit murder. Myeza faces a further six charges and an alternative count arising from a separate alleged incident on May 6, 2022, on Jan Smuts Highway in Mayville. The trial continues in the Durban High Court, with the judge demanding that all outstanding issues be resolved before proceeding.
The trial's progression will be closely watched, given the high-profile nature of the case and the potential for lengthy proceedings. The application for a separate trial and the defence shake-up have added complexity to the case. Key points include the defence changes, the application for a separate trial, and the judge's directive to resolve outstanding issues before proceeding.
Key points
- The defence teams have undergone significant changes, with two prominent advocates withdrawing from the matter.
- Mkhwanazi is seeking a separate trial due to the additional charges faced by Myeza.
- The judge has directed the State and defence to resolve outstanding issues, including Section 220 admissions, before the trial proceeds.
