Lindani Ndimande, Lindokuhle Ndimande, Siyanda Myeza, Mziwethemba Gwabeni, and Lindokuhle Mkhwanazi, face 10 charges, including two counts of murder, five of attempted murder, conspiracy to commit murder, possession of unlawful firearms and possession of unlawful ammunition. Picture: Doctor Ngcobo/Independent Newspapers
Investigating officer, Warrant Officer Kumaran Pillay has, detailed in an affidavit, how the five accused charged with the murders of Kiernan “AKA” Forbes and his friend, chef Tebello “Tibz” Motsoane, were linked to the crimes.
Lindani Ndimande, 35, Lindokuhle Ndimande, 29, Siyanda Myeza, 21, Mziwethemba Gwabeni, 36, and Lindokuhle Mkhwanazi, 30, face 10 charges, including two counts of murder, five of attempted murder, conspiracy to commit murder, possession of unlawful firearms and possession of unlawful ammunition.
The State was presenting its opposition to bail for the accused, who had detailed their circumstances in affidavits to the court last week.
All five said they intended to plead not guilty.
Pillay’s affidavit was read out on Wednesday in the Durban Magistrate’s Court by State Advocate Elvis Gcweka.
Extradition processes have started for two other accused, brothers Siyabonga Gezani Ndimande and Malusi Dave Ndimande, who were arrested in Eswatini last month.
In the affidavit, Pillay said that Mziwethemba Harvey Gwabeni, 36, was present at the King Shaka Airport at the time AKA arrived on February 10 last year.
“There is evidence that Gwabeni’s cellular phone record indicates that Gwabeni was at King Shaka Airport and used his cellphone to pay for parking.”
Pillay said that a BMW, which Gwabeni has acknowledged belongs to him, was seen following AKA and his entourage from King Shaka Airport.
“The vehicle that AKA was in passed the toll gate on the N2 South Bound at 3.02pm and the vehicle owned by Gwabeni passed the toll gate at 3.03pm. A grey VW polo that was hired by Gwabeni was also spotted passing a hotel AKA checked into at 4.30pm in Durban.”
Pillay said that cellphone records also placed accused number five Lindokuhle Ndimande near the same hotel at 4.40pm.
“Lindo Ndimande’s cellphone records placed him at the Sharks Board, which is not far from the hotel.
Upon further investigation, it was discovered that the grey Polo that was hired by Gwabeni was used as a spotter vehicle.”
Pillay said that AKA arrived at Wish Restaurant on Florida Road at 6pm.
“(The) Investigation established that Lindo Ndimande, who was not a regular patron at Wish restaurant, was present and paid for a meal and drinks with a Standard Bank card positively identified as having belonged to him.
The tracking report also placed the same grey Polo that was in Umhlanga at Wish restaurant.”
Pillay said that a white Mercedes Benz was also spotted passing from Montpelier Road and Gordon Road in the direction of Florida Road and stopped 100m from the restaurant.
“After 10 pm, Kiernan (AKA) Forbes exited the restaurant with his entourage accompanied by Tibz. CCTV footage shows that two shooters crossed Florida Road towards Wish restaurant from the direction where the white Mercedes was parked.”
Pillay said that one of the suspects, wearing a white cap, approached AKA from behind while the second suspect, wearing dark clothes and a cap, positioned himself between two cars.
“The first suspect shoots AKA in the head while the second suspect holds position and fires shots in the direction of both deceased. AKA falls to the ground while Tibz runs into a passageway and falls. Both suspects are seen fleeing the scene in the direction of the white Mercedes.”
Pillay said that they recovered two 9mm nickel cartridges near AKA’s body and four spent 9mm cartridges were found near the body of Tibz.
“After interviewing witnesses and viewing CCTV footage, I established the licence plate number of the white Mercedes-Benz and that the left front light of the motor vehicle was not working. On March 6, a car matching the description was recovered in Cato Crest informal settlement.”
The matter returns to court next week.
The Mercury
Related Topics: