Durban — The bail application of five of the seven men accused of the brazen assassination of Kiernan “AKA” Forbes and his long-time friend Tebello “Tibz” Motsoane will continue on Friday at the Durban Magistrate’s Court.
During the closing arguments for bail on Thursday, the defence team accused the State of deliberately delaying the case, while it does not have evidence linking the accused to the assassination.
Advocate Paul Jorgensen representing accused number 4, Mziwethemba Gwabeni, the alleged mastermind – tore into the State’s case, saying it did not have evidence linking his client to the crime.
Gwabeni is alleged to have received R803 455 through his company Gwabs Mining, which he allegedly distributed among the co-accused after Forbes – affectionately known as AKA – was killed in February last year.
While admitting that his client did receive the money from a well-known Durban businessman Mfunda Gcaba’s company, Jorgensen stressed that it was for “business purposes”.
He said his client should be granted bail, arguing that Gwabeni was not a flight risk.
“He has businesses here. He has a bond house and has children,” argued Jorgensen.
“The payer (Gcaba) released a press statement confirming what applicant number four (Gwabeni) says. Now that thing does away with or weakens the state’s assertion in respect of the R800 000,” said Jorgensen.
Gwabeni, 36, is charged alongside Lindokuhle Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, and Lindokuhle Lindo Ndimande, 29.
They face 12 counts including two murders, conspiracy to commit murder, unlawful possession of firearms and ammunition, five attempted murders, and money laundering.
Advocate Simphiwe Mlotshwa representing the Ndimande brothers lashed out at the State.
“It cannot be an excuse that the State is still investigating. This is a high-profile case.”
Further, he said his clients should be released on bail because it was not in the interest of justice for them to be kept in custody.
“It doesn’t help to just generically refer to the investigations as just being at an advanced stage,” said Mlotshwa.
Presiding Judge Vincent Hlatshwayo urged the State to fast-track the case – bemoaning the fact the bail hearings began in March yet it has not been finalised in May.
“Bail applications are supposed to be urgent and are supposed to be disposed of as soon as possible. But we have taken almost two months because of the availability of yourselves,” said Hlatshwayo.
Meanwhile, two other suspects linked to the Forbes assassination, Siyabonga and Malusi Ndimande, were in the process of being extradited from Eswatini.
Myeza’s lawyer, Yolanda Gielink, said the State had no “tangible” reasons to keep him in custody while police investigations were ongoing. Myeza was allegedly found with the murder weapon and was also linked to four charges of murder, according to the State.
“He has never been convicted in any of these matters. If there were previous convictions, one would conclude that the person has a propensity to commit these crimes. But he has never been convicted,” said Gielink.
The State will make its closing argument on Friday.
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