The murder trial of rapper Kiernan “AKA” Forbes was interrupted on Wednesday after defence lawyers objected to testimony from a vehicle tracking expert whose evidence concerns cars allegedly used to monitor the musician before his death.
Advocate Simphiwe Mlotshwa challenged the testimony of Carel Rothmann, a Cartrack fleet administrator, prompting Judge Nomfundo Sipunzi to intervene.
Mlotshwa asked for Rothmann’s full affidavit before the witness could continue, saying the defence needed time to consult the accused and its own expert.
“We need to consult with the accused and our own expert before this witness can continue,” Mlotshwa told the court.
Judge Rules Expert Can Complete His Testimony
Judge Sipunzi initially ruled that Rothmann could proceed, noting that the defence already had access to his affidavit and reports.
However, Advocate William Nicholson SC subsequently requested the full affidavit and all the materials Rothmann intended to use during his testimony. Nicholson argued that about 95% of the evidence being presented had not been included in the original affidavit.
“We need our own expert present when this witness testifies,” Nicholson said.
Sipunzi ruled that Rothmann would complete his evidence before proceedings were adjourned to give the defence time to prepare for cross-examination.
Other members of the defence team also raised objections during the exchange.
Tracking Data Focuses on Two Vehicles
Rothmann’s testimony centred on a grey Volkswagen Polo and a Hyundai Grand i10, which the state alleges were used to monitor AKA’s movements before he was killed.
According to the prosecution, accused number four, Mziwelithini Gwabeni, leased both vehicles from Sonwabile Bani. Bani previously testified in court about the rental arrangement.
The state alleges that spotters used the vehicles to follow the rapper on the day he was murdered.
Rothmann told the court that tracking records showed both vehicles leaving Keeler Place in Durban on February 9, 2023, one day before the killings.
The data also showed both cars parked at the same location in Keeler Place during the afternoon and evening of February 10, when AKA and his friend Tebello “Tibz” Motsoane were shot dead.
Rothmann said the vehicles travelled in the same direction as each other throughout the period under examination.
AKA and Tibz Were Killed Outside Durban Restaurant
AKA and celebrity chef Motsoane were gunned down outside Wish restaurant on Florida Road in Durban on February 10, 2023.
Seven men are standing trial in connection with the killings. They are Lindokuhle Thabani Mkhwanazi, 30; Lindani Zenzele Ndimande, 35; Siyanda Eddie Myeza, 23; Mziwelithini Gwabeni, 36; Lindokuhle Mhlaliseni Ndimande, 29; Malusi Dave Ndimande, 30; and Siyabonga Gezani Ndimande, 31.
When the trial began on October 5, the accused pleaded not guilty to charges including murder, attempted murder and unlawful possession of firearms.
Defence Previously Questioned CCTV Evidence
The objections to Rothmann’s testimony followed earlier challenges by the defence concerning video surveillance presented by KwaZulu-Natal organised crime unit Sergeant Rajen Sanders.
Sanders collected 17 video clips documenting the movements of the accused. Evidence presented last week linked three men to alleged roles as a spotter, a person who followed the victims and a supplier of the firearms used in the killings.
The tracking and surveillance evidence forms part of the state’s case against the accused.
Trial Continues
The court has allowed Rothmann to complete his testimony, with the defence to be given time to prepare before cross-examination begins.
Proceedings in the murder trial are continuing.
