While two of the seven men accused of murdering acclaimed South African rapper, Kiernan 'AKA' Forbes and celebrity chef, Tebello 'Tibz' Motsoane, are hoping their renewed bail application will be successful, the State on Thursday presented evidence that put one of the accused at the airport at the time AKA arrived in Durban.
Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande filed a Notice of Motion based on new facts in the Durban Magistrate's Court.
However, the State has opposed bail adding that the men failed to establish exceptional circumstances justifying their release and that the facts raised were not new or did they justify the granting of bail.
In response to the men's previous assertion that the State had no case against the accused, the State revealed that CCTV footage places Gwabeni at the airport on the day AKA arrived in Durban, and shows Gwabeni walking a short distance behind AKA and his entourage.
He is also caught on a phone call to his co-accused Lindani Zenzele Ndimande.
Gwabeni is seen following AKA to the car hire offices and remains there for a short while, on the phone.
Initially, the court heard how Gwabeni followed AKA from the airport to the hotel he was staying in.
'New' facts
In his submission to the court, Gwabeni said his family received letters from his childrens' schools regarding outstanding payment.
He added that he supported his family financially and cannot do so as he remains in prison.
He added that if he is granted bail, he will be able to raise money to pay for his legal fees.
According to Ndimande's submission, the matter has not yet been transferred to a Regional or High Court.
Ndimande echoed his co-accused's financial woes, adding that his family is not coping with his incarceration.
"My detention is a form of anticipatory punishment as the State does not have strong evidence to sustain the charges against me.
"My release on bail will enable me to raise money to pay for the services of my legal representatives and consult adequately in preparation for the supposed approaching trial," his submission read.
The State has quashed the men's submissions, stating that it is not new facts.
AKA and Tibz were gunned down in February 2023 while leaving the Wish restaurant.
The matter continues next week.
seanne.rall@iol.co.za
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