The murder trial of South African rapper Kiernan "AKA" Forbes was disrupted on Wednesday when the defence team raised objections to a key witness, Carel Rothmann, a Cartrack expert fleet administrator. The defence counsel, Adv Simphiwe Mlotshwa, objected to Rothmann's testimony, prompting Judge Nomfundo Sipunzi to intervene. The trial, which began on October 5, involves eight accused individuals who pleaded not guilty to charges including murder, attempted murder, and illegal possession of firearms in connection with the killing of AKA and his friend Tebello "Tibz" Motsoane on February 10, 2023.
The objections arose when Mlotshwa demanded Rothmann's full affidavit before he could testify, citing the need to consult with the accused and their own expert. Sipunzi initially ruled that Rothmann would be allowed to give evidence, as the defence had already received his affidavit and reports. However, the defence team continued to raise concerns, with Adv William Nicholson SC demanding not only the full affidavit but also all materials Rothmann planned to use in his testimony. Nicholson claimed that 95% of Rothmann's testimony was not included in the original affidavit.
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. 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 rented by accused number four, Mziwelithini Gwabeni, from Sonwabile Bani, who confirmed the rental arrangement in his testimony.
According to Rothmann's testimony, the tracking data revealed that both cars left Keeler Place in Durban on February 9, 2023, a day before AKA's murder. Both vehicles were parked at the same location in the afternoon and evening of February 10, the day of the murder. Rothmann's data also showed that the two cars followed each other in the same direction throughout the surveillance period. The state alleges that these vehicles were used by spotters who tracked AKA's movements on the day he was killed.
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 seeking to challenge the evidence presented by the state.
The accused individuals, Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 23, Mziwelithini Gwabeni, 36, Lindokuhle Mhlaliseni Ndimande, 29, Malusi Dave Ndimande, 30, and Siyabonga Gezani Ndimande, 31, have pleaded not guilty to the charges. The trial is being held at the Durban high court, and the prosecution is presenting evidence to support their claims.
The case has garnered significant attention in South Africa, with many following the developments in the trial. The judge's intervention and the defence team's objections have added a new layer of complexity to the case. As the trial continues, it remains to be seen how the defence team's strategy will impact the outcome of the case.
Key points
- The defence team's objections to the vehicle tracking expert's testimony have caused a disruption in the trial.
- The state alleges that two vehicles were used to monitor AKA's movements on the day of his murder.
- The trial continues, with the defence team seeking to challenge the evidence presented by the state.
