The Durban High Court has dismissed a defence objection to the State’s decision to call a Cartrack expert in the murder trial of rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane. The objection was raised when Deputy Director of Public Prosecutions advocate Lawrence Gcaba called Carel Dreyer Rothman, a fleet administration expert at Cartrack, to take the stand. The defence team, representing Lindokuhle Thabani Mkhwanazi and Siyanda Eddie Myeza, objected, citing insufficient information.
The defence argued that they had not been furnished with Rothman’s full affidavit, which they claimed was necessary to consult with their clients and their own expert. Advocate Simphiwe Mlotshwa stated that Rothman’s evidence was technical and that there was no report explaining how he had reached his findings. However, Gcaba disputed this, saying the defence had received the witness’s affidavit and two reports.
Judge Nomfundo Sipunzi sought clarity on the objection, which was supported by other members of the defence team. She questioned why the defence could not cross-examine Rothman on any evidence that went beyond the affidavit, as it had done with previous witnesses. Mlotshwa maintained that allowing the testimony to proceed would prejudice his clients.
Other defence teams also raised concerns about the witness’s testimony. Advocate Musa Mzelemu argued that the State had not provided an expert report but only printouts without the underlying analysis. Meanwhile, Advocate William Nicholson SC and Advocate Garth Leppan expressed concerns about the brevity of the affidavit.
Gcaba maintained that the reports supplied to the defence contained the relevant information. After hearing submissions from both sides, Sipunzi ruled that Rothman could proceed with his testimony. She stated that she had not found a basis upon which she may not allow this witness to testify.
The judge indicated that she would provide her reasons in her judgment at the end of the trial. Rothman is currently testifying. The trial is related to the murder of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane, who were killed on Florida road in February 2023.
The case has seen several developments, including the State playing AKA murder footage and linking a recovered Mercedes to CCTV footage. A police officer also conceded that he is not a facial-recognition expert in the trial. The trial continues with Rothman’s testimony.
Key points
- The Durban High Court dismissed a defence objection to the State’s decision to call a Cartrack expert in the murder trial of AKA and Tibz.
- The defence team argued that they had not been furnished with sufficient information about the witness’s testimony.
- The judge ruled that the witness could proceed with his testimony, indicating that she would provide her reasons in her judgment at the end of the trial.
