The Durban High Court has made a significant ruling in the ongoing trial of the six men accused of killing rapper Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane. Judge Nomfundo Sipunzi granted an application to separate Siyanda Eddie Myeza's additional charges linked to a 2022 Mayville murder case from the AKA and Tibz murder trial. This decision was made on the second day of the trial, and the judge has promised to provide her reasons for the decision in the full judgment.
Myeza, accused number three, will face counts 12 to 17 relating to the May 2022 Mayville case separately, while the other five co-accused will continue with the AKA and Tibz matter on counts one to 11. The application was brought by the first accused, Lindokuhle Thabani Mkhwanazi, on behalf of himself and five co-accused, with Myeza supporting the request. The defence argued that the other accused should not have to remain part of proceedings involving charges that applied only to Myeza.
The defence team argued that keeping the matters together could unnecessarily delay the trial and place an additional burden on the accused. They believed that separating the charges would ensure a fair trial for all parties involved. On the other hand, the state opposed the separation, arguing that the two matters were connected through evidence, witnesses, and firearms. Investigating officer Kumarasan Pillay told the court that ballistic evidence linked a firearm allegedly used in the Forbes and Motsoane killings to the Mayville matter.
The state also argued that some witnesses were expected to give evidence in both cases, which could be complicated by separating the trials. However, the defence disputed the state's challenge to the application's legal basis, arguing that the court had the power to separate the matters. The defence team believed that keeping the matters together could cause prejudice to the accused.
Myeza's additional charges relate to a May 2022 shooting in Mayville in which the state alleges that Gift Khanyile was killed. The charges include allegations that two other people were targeted, conspiracy to commit murder, and the theft of a motor vehicle. The state had argued that the two cases were linked and should be heard together, but the judge ultimately disagreed.
The decision to separate Myeza's charges from the AKA and Tibz murder trial is a significant development in the case. The trial will now proceed with the remaining five accused, while Myeza's additional charges will be dealt with separately. The judge's full judgment will provide further insight into the reasoning behind this decision.
The case has garnered significant attention due to the high-profile nature of the victims. The trial is ongoing, and the court will continue to hear evidence and testimony from witnesses. The separation of Myeza's charges is expected to streamline the trial process and ensure a fair outcome for all parties involved.
Key points
- The Durban High Court has ordered that Siyanda Eddie Myeza's additional charges linked to a 2022 Mayville murder case be heard separately from the AKA and Tibz murder trial.
- The decision was made to prevent unnecessary delays and ensure a fair trial for all parties involved.
- Myeza's additional charges relate to a May 2022 shooting in Mayville in which Gift Khanyile was allegedly killed.
