The State has vehemently argued in the Durban High Court that there is no legal basis for separating charges against accused persons in the murder trial of Kiernan "AKA" Forbes and Tebello "Tibz" Motsoane. The defence had brought an application for the separation of charges against Siyanda Eddie Myeza, one of the accused, citing Section 157(2) of the Criminal Procedure Act. However, the State has countered that this section does not provide for the separation of charges.
The application was brought by first accused Lindokuhle Thabani Mkhwanazi, who argued that it would prejudice him to sit through the State's evidence on six charges faced only by Myeza. These charges stem from a May 6, 2022, shooting on Jan Smuts Highway in Mayville, where Myeza is alleged to have conspired to kill two men, shot and killed them, attempted to kill two others, and stolen a white Toyota Etios. Mkhwanazi's counsel, advocate Simphiwe Mlotshwa, argued that the court has the discretion to separate the charges.
KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba argued that the defence had relied on the wrong section of the law in bringing its application. He said Section 157 of the Criminal Procedure Act deals with the separation of accused persons, not charges. Gcaba also pointed out that Myeza faces 17 charges in total, including the charges relating to the murders of Forbes and Motsoane, and has already pleaded not guilty to all charges against him.
Gcaba further argued that if the application were granted, Myeza would effectively be removed from the current trial and face his charges separately before another court. He said the State would not have opposed the application if it had been brought under Section 81 of the Criminal Procedure Act, which deals with the separation and joining of charges. The State consolidated the charges and amended the indictment under this section.
The seven men accused of the February 2023 murders of Forbes and Motsoane are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Gwabeni, Lindokuhle Mhlaliseni Mkhwanazi, and brothers Malusi Dave and Siyabonga Gezani Ndimande. They face various charges, including murder, conspiracy to commit murder, and attempted murder.
Gcaba addressed the alleged prejudice to Mkhwanazi, stating that the State would spend no more than three to four days presenting evidence relating to Myeza's additional charges. He argued that the greater prejudice would be suffered by the State if the application succeeded, as witnesses who testify in the current trial would potentially have to repeat their evidence in a separate trial against Myeza.
The matter was stood down, with Judge Nomfundo Sipunzi expected to deliver her ruling later on Tuesday. The judge will have to consider the arguments presented by both the State and the defence before making a decision on the application. The trial is ongoing, with the court yet to rule on the separation of charges.
Key points
- The State has challenged the legal basis for separating charges against accused persons in the AKA-Tibz murder trial.
- The defence had argued that separating the charges would prevent prejudice to one of the accused, Lindokuhle Thabani Mkhwanazi.
- The judge, Nomfundo Sipunzi, is expected to deliver her ruling on the application later on Tuesday.
