Nomonde Zondi|Published
As the State played footage of the fatal shooting of award-winning rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane in the Durban High Court on Monday, the seven men on trial sat in the dock, some chewing gum, while one accused appeared to fall asleep.
Judge Nomfundo Sipunzi had to wake Malusi Dave Ndimande, who had his head resting on the ledge of the dock and appeared not to be watching the footage.
The seven accused are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Ndimande, and brothers Malusi Dave and Siyabonga Gezani Ndimande.
Constable Rajen Saunder, from the provincial organised crime unit, continued presenting CCTV footage from February 10, 2023, when AKA and Tibz were shot dead outside Wish restaurant on Florida Road.
Saunder, who has extensive training in CCTV and video surveillance, previously testified that he began extracting footage linked to the murders on February 11, 2023.
During his testimony on Monday, he identified another vehicle of interest in the area at the time of the shooting.
“It was not only the Polo that was a vehicle of interest, there was another vehicle as well. It was a white Mercedes-Benz,” he told the court.
Although Saunder could not recall the model, he said the vehicle was a sedan.
Last week, the Polo was identified in the footage as a vehicle allegedly used to transport spotter Lindokuhle Mhlaliseni Ndimande, who was at Wish at the same time as AKA and his entourage. The vehicle was also seen at the Hilton Garden Inn Umhlanga, where AKA had booked accommodation.
Saunder testified that the white Mercedes-Benz arrived on Florida Road at about 9.48pm. It first drove past Wish restaurant before returning along the opposite side of the road, near Steers and Milky Lane.
The vehicle then turned into Gordon Road, where Saunder said it appeared to be parked.
The court was also shown footage from moments before the shooting. One man, wearing a white cap, a red cloth covering his face, a greenish-brown jacket, black tracksuit pants and white takkies, was seen crossing the road from the Florida Road park towards Wish.
The man then positioned himself behind the white Hyundai Staria in which AKA and his entourage had travelled.
A second man was seen approaching from the park opposite the restaurant. He wore a light-coloured cap, a grey top, black tracksuit pants with a white stripe and white takkies.
Saunder also pointed out the Polo in the footage, saying there was nothing obstructing the person inside the vehicle from seeing what was unfolding.
Both men crossed the road towards the restaurant approximately seconds apart.
The second man then approached AKA, who was standing outside Wish and had just embraced his friend, Tibz.
The footage showed the man pointing a firearm at AKA, followed by sparks consistent with what previous witnesses described as sparks during the shooting.
The first man, who had been standing behind the Staria, was also seen moving forward and pointing a firearm towards the group. After the shooting, the gunmen ran through the park in the direction of Gordon Road.
Saunder zoomed in on the footage, showing the Mercedes-Benz’s brake lights illuminating before the vehicle disappeared along the road.
Following the shooting, Deputy Director of Public Prosecutions Lawrence Gcaba asked Saunder to show the court footage of the passage leading to Wish restaurant.
The footage showed members of AKA’s entourage and other people running towards the restaurant. Tibz was seen falling to the ground as people continued past him.
The scene then descended into apparent chaos, with people moving in and out of the restaurant while AKA remained lying outside.
Tibz could still be seen on the ground as people rushed past him, with some appearing to step over him. He was later seen sitting upright, with a large amount of blood visible around him.
The trial continues.