Experts say sharing of leaked footage of AKA and Tibz’s murders could hamper investigations

A member of the SAPS Forensic Unit at the scene. Picture: Se-Anne Rall

A member of the SAPS Forensic Unit at the scene. Picture: Se-Anne Rall

Published Feb 13, 2023

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Crime experts have urged people to stop sharing footage from Friday's nights fatal shooting of Kiernan 'AKA' Forbes and Tebello ‘Tibz’ Motsoane as it could impact negatively on the ongoing investigations.

Forensic investigator at Bizz Tracers, Calvin Rafadi, said sharing the video was tantamount to tampering of evidence.

Speaking to eNCA, Rafadi said there was a difference between an ordinary citizen taking footage and sharing it, and a private security company, registered with Psira, or a business owner distributing CCTV footage.

"How the footage was obtained is questionable. When you prepare a case for court, you are asked how was the information obtained? In many instances, footage is shared via social media which is unlawful. If you are a shop owner or security company, there are ways in which police should obtain footage from the scene of crime. If you distribute it, it is tampering of evidence. It can even alert the other party that they should be alert. If a suspect touched a bowl before shooting our brothers, there is fingerprint evidence. And an accomplice can eradicate him so he does not implicate them," Rafadi said.

He said the way in which footage is obtained is crucial for court purposes.

Rafadi said when it comes to gathering evidence, police have to subpeona (witnesses) by submitting the necessary documents.

He added that when footage is spread around, it tampers with evidence.

Criminal law expert, Ian Allis, said the leaking of the footage created various complications.

Speaking to Newzroom Afrika, Allis said due to the status of those killed, it could also lead to acts of vigilantism.

"We don't know the motive behind the murder and that can also end up complicating things from the aspect of people perhaps wanting to take revenge or open their own investigations,' Allis said.

He added that leaking the video could also lead to people behind the murder hiding those involved.

AKA and Tibz were killed while leaving the Wish restaurant in Florida Road in Durban on Friday night. Two counts of murder are under investigation, and the docket has been taken over by the SAPS Provincial Organised Crime unit. No arrests have been made.

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