CCTV evidence, witness threats dominated AKA murder trial this week

The murder trial of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane heard evidence this week allegedly linking one of the seven accused to the rapper’s movements before his death, while threats against a prosecution witness raised concerns about safety.

Proceedings in the KwaZulu-Natal High Court in Durban centred on CCTV footage from King Shaka International Airport, vehicles allegedly used to track Forbes, forensic evidence connecting two separate shootings, and eyewitness accounts of the moments before the murders.

Forbes and Motsoane were shot dead outside Wish Restaurant on Durban’s Florida Road on 10 February 2023.

On Thursday, police detective Rajen Sanders identified accused number four, Mziwethemba Gwabeni, as the man allegedly seen following Forbes and his entourage through King Shaka hours before the shooting.

Sanders, who specialises in gathering CCTV evidence, told the court that he had recognised Gwabeni from previous encounters, other surveillance footage and media reports.

He said investigating officer Warrant Officer Kumarasan Pillay had initially pointed out a person in the footage whom he believed to be one of the accused.

“Whilst the footage was playing, Warrant Officer Pillay, the investigating officer, had sighting of one of the accused in the footage. I then had a closer look at the footage and I agreed with him from knowing that I’ve seen him before on other footages. We then came to the conclusion that it was the same person.”

The footage showed a man wearing a black-and-white jacket moving through the airport in the vicinity of Forbes and his entourage.

The court was also shown footage of a grey BMW, allegedly driven by Gwabeni, travelling behind a white Hyundai Staria transporting Forbes and his entourage through a toll plaza on the N2.

Additional footage showed a grey Volkswagen Polo near the Hilton Garden Inn in Umhlanga, where Forbes and his entourage were staying.

The state also presented footage showing a man resembling one of the accused visiting AuthentiQ bar and Wish Restaurant. Forbes had visited AuthentiQ before he was killed at Wish.

The man was seen leaving a Volkswagen Polo, entering AuthentiQ and later walking towards Wish before returning to the vehicle.

But the defence disputed Sanders’s identification of Gwabeni.

Gwabeni’s lawyer, advocate William Nicholson, questioned whether the detective was qualified to identify a person from CCTV images.

“He is not a facial ID expert,” Nicholson argued.

State prosecutor Lawrence Gcaba countered that the objection concerned the weight the court should attach to the evidence rather than whether Sanders should be permitted to give it.

Judge Nomfundo Sipunzi allowed Sanders to continue, saying the court would determine the evidential weight of his identification when considering the case.

The CCTV testimony followed evidence earlier in the week from a surveillance analyst at King Shaka, who presented footage showing a man apparently following Forbes after his arrival in Durban.

The analyst subsequently reported receiving threatening messages after his testimony and after his image appeared in media coverage.

On Tuesday, prosecutor Elvis Gcweka raised the matter with the court and requested restrictions on showing the faces of witnesses who feared being identified.

“After one of the witnesses testified yesterday, his face was put over the media and he indicated to me when he was done, the gentleman from the airport, that he also received some threatening messages because of [his] testimony,” Gcweka told the court.

The prosecutor said other witnesses had also expressed concerns about being shown on television, although they remained willing to testify in open court.

The threats raised concerns about the safety of witnesses in a trial that has attracted considerable public attention since the killings.

The court also heard an account of the shooting from musician and event organiser Lusaso Ngcobo, who was with Forbes and Motsoane at Wish shortly before they were killed.

Ngcobo testified on Tuesday that the group had been having dinner and catching up before moving outside to say their goodbyes.

He said he initially mistook the gunfire for fireworks and ran back into the restaurant for cover.

“I heard a big bang like the sound of fireworks. We then fled inside the restaurant. When we were running, Tibz tripped and fell to the ground. After hiding, I went back and asked him if he was okay. He said he was struggling to breathe. Then I noticed blood on him — he had a gunshot wound to his chest,” Ngcobo told the court.

He said those present tried to stop Motsoane’s bleeding with a towel while waiting for an ambulance.

Ngcobo also described seeing Forbes lying in a pool of blood.

Another witness, vehicle owner Sonwabile Bani, testified about his business dealings with Gwabeni and vehicles allegedly connected to the murders.

Bani confirmed that he had leased vehicles to Gwabeni, including a grey Volkswagen Polo and a white Hyundai Grand i10.

The Grand i10 was allegedly used as a getaway vehicle following the shootings on Florida Road.

Bani told the court that he knew Gwabeni from Harding in KZN and that their business relationship ended after outstanding payments.

Separate forensic evidence presented this week also sought to establish a connection between the Forbes and Motsoane murders and the killing of Durban taxi boss Gift Khanyile in Mayville in May 2022.

On Monday, a ballistics expert testified that cartridge cases recovered from the two crime scenes were linked to the same firearm.

The court heard that the firearm allegedly used in the Mayville shooting was also discharged during the Florida Road attack in February 2023.

On Tuesday and Wednesday, police fingerprint expert Lieutenant Colonel Nathaniel Zachariah testified about evidence recovered from a Toyota Etios allegedly used by gunmen involved in Khanyile’s murder.

The court heard that fingerprints recovered from the vehicle matched those of accused number three, Siyanda Eddie Myeza.

However, Myeza’s lawyer, advocate Sihle Mlotshwa, challenged the significance of the evidence, arguing that his client’s previous employment at a car wash could explain how his fingerprints came to be on the vehicle.

The police witness acknowledged that fingerprint analysis could not establish precisely when or where the prints were deposited.

The charges relating to the Mayville killing are being dealt with separately, although the prosecution has introduced forensic evidence concerning the shooting in the Forbes and Motsoane trial.

The state alleges that the seven accused were involved in a coordinated operation that culminated in the murders.

The men face charges including murder, attempted murder, conspiracy to commit murder and firearm-related offences.

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