Two of the men implicated in the murders of Kiernan ‘AKA’ Forbes and Tebello ‘Tibz’ Motsoane, intend on pleading not guilty when the matter goes to trial.
Accused 1, Lindokuhle Mkhwanazi and accused 3, Siyanda Myeza, through their legal representatives further told the court that they believed the State’s case against them was weak.
Mkhwanazi and Myeza appeared in the Durban Magistrate’s Court on Thursday for the start of the bail application. The accused were arrested last month following an investigation that spanned over one year
AKA and Tibz were gunned down while leaving Wish on Florida in Durban, in February last year.
Reading out Mkhwanazi’s affidavit to the court, Advocate Simphiwe Mlotshwa, said the accused was arrested on December 12, 2023, for the murder of William Kunene. He claimed that police took from Mtubatuba to Durban where they assaulted him and demanded he confess to AKA’s murder.
In his affidavit, Mkhwanazi said he was released on R5,000 bail in connection with Kunene’s murder, where he is accused of conspiracy to commit murder, murder and the unlawful possession of a firearm and ammunition.
He has no other pending cases against him. He told the court that he hopes to be granted bail to support his pregnant wife and financially assist his family. He added that he intends to plead not guilty to the charges if the matter proceeds to trial.
“My detention is really the anticipatory punishment as the State doesn’t have the evidence to sustain the charges,” the affidavit read.
Representing Myeza, Advocate Yolanda Gielink said the accused also has two pending cases against him, involving charges of conspiracy to commit murder, murder and the unlawful possession of a firearm and ammunition at the Umlazi District Court and Durban Magistrate’s Court.
Both men said if granted bail, they will attend all appearances and not interfere with witnesses that the State intends to call.
The affidavits of the remaining accused are yet to be heard as the court had to adjourn by 1pm due to water issues while accused 2, Lindani Ndimande and 4, Mziwethemba Gwabeni, still had to submit additional information to their advocate, Joe Wolmarans.
The matter is due back in court next Monday.
IOL