The murder trial of rapper Kiernan "AKA" Forbes was interrupted on Wednesday when the defence team objected to the testimony of Carel Rothmann, a Cartrack expert fleet administrator. The defence counsel, Adv Simphiwe Mlotshwa, argued that Rothmann's testimony should be delayed until the defence had a chance to consult with the accused and their own expert. This objection forced Judge Nomfundo Sipunzi to intervene in the proceedings.
AKA and his friend Tebello "Tibz" Motsoane were gunned down outside Wish restaurant on Florida Road on February 10, 2023. Seven accused, including Lindokuhle Thabani Mkhwanazi, 30, and Siyabonga Gezani Ndimande, 31, pleaded not guilty to charges including murder, attempted murder, and illegal possession of firearms when the trial began on October 5. The defence team's objection to Rothmann's testimony caused a delay in the proceedings.
Mlotshwa demanded Rothmann's full affidavit before he could testify, citing the need to consult with the accused and their own expert. However, Judge Sipunzi initially ruled that Rothmann would be allowed to give evidence, as the defence already had his affidavit and reports. The defence team continued to raise objections, with Adv William Nicholson SC demanding not only the full affidavit but all materials Rothmann planned to use in his testimony.
Nicholson claimed that 95% of Rothmann's testimony was not in the original affidavit, and that the defence needed their own expert present when Rothmann testified. Judge Sipunzi made a ruling that Rothmann would complete his evidence, and then the matter would stand down to allow the defence time to prepare before cross-examination. This ruling allowed the trial to continue.
Rothmann's testimony focused on two vehicles allegedly used to monitor AKA - a grey VW Polo and a Hyundai Grand i10. The state alleges that these vehicles were used by spotters who tracked AKA's movements on the day he was killed. According to Rothmann's tracking data, both cars left Keeler Place in Durban on February 9, 2023, and were parked at the same location on the afternoon and evening of February 10, the day AKA and Tibz were murdered.
The objections by the defence came after they questioned extensive video surveillance presented by KwaZulu-Natal organised crime unit sergeant Rajen Sanders. Sanders had collected 17 video clips tracking the movements of the accused, which linked three men to being the spotter, tail, and supplier of guns that killed AKA and Tibz. The trial continues, with the defence team's objections having caused a significant delay in the proceedings.
The trial will continue with the testimony of other witnesses, as the state presents its case against the seven accused. The defence team's strategy of raising objections to key witnesses has caused delays, but the trial is expected to conclude in due course. The case has garnered significant attention due to the high-profile nature of the victim and the alleged crimes.
Key points
- The defence team's objection to the testimony of Carel Rothmann, a key witness in the AKA murder trial, caused a delay in the proceedings.
- The state alleges that two vehicles, a grey VW Polo and a Hyundai Grand i10, were used to monitor AKA's movements on the day he was killed.
- The trial continues, with the defence team's objections having caused a significant delay in the proceedings.
