Judge steps in as defence objects to key witness in AKA murder trial

There was drama in the murder trial of rapper Kiernan “AKA” Forbes on Wednesday when the defence team tried to gag a vehicle tracking expert about the cars allegedly used to tail the rapper.

Defence counsel Adv Simphiwe Mlotshwa objected to Carel Rothmann, a Cartrack expert fleet administrator testifying, forcing judge Nomfundo Sipunzi to intervene.

AKA and his celebrity chef friend Tebello “Tibz” Motsoane were gunned down outside Wish restaurant on Florida Road on February 10 2023.

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, pleaded not guilty to charges including murder, attempted murder and illegal possession of firearms when the trial began on October 5.

The proceedings were interrupted by other defence team members who also supported Mlotshwa.

Mlotshwa demanded Rothmann’s full affidavit before he could testify.

“We need to consult with the accused and our own expert before this witness can continue,” said Mlotshwa.

Sipunzi initially ruled that Rothmann would be allowed to give evidence after hearing the defence already had his affidavit and reports.

However, shortly after Sipunzi’s ruling, Adv William Nicholson SC demanded not only the full affidavit but all materials the witness planned to use in his testimony.

Nicholson claimed that 95% of Rothmann’s testimony wasn’t in the original affidavit.

“We need our own expert present when this witness testifies,” he said.

Sipunzi made a ruling that Rothmann would complete his evidence, then the matter would stand down to allow the defence time to prepare before cross-examination.

Rothmann’s testimony focused on two vehicles allegedly used to monitor AKA ― a grey VW Polo and a Hyundai Grand i10.

The state alleges accused number four Gwabeni leased both cars from Sonwabile Bani, who confirmed the rental arrangement in his testimony.

The state alleges that these vehicles were used by spotters who tracked AKA’s movements on the day he was killed.

Rothmann’s tracking data revealed that both cars left Keeler Place in Durban on February 9 2023, a day before the rapper was gunned down.

Both vehicles were parked at the same Keeler Place location in the afternoon and evening of February 10, the day AKA and Tibz were murdered.

He said the two cars followed each other in the same direction throughout the surveillance period.

The objections by the defence came after they questioned extensive video surveillance presented by KwaZulu-Natal organised crime unit sergeant Rajen Sanders.

He had collected 17 video clips tracking the movements of the accused, which last week linked three men to being the spotter, tail and supplier of guns that killed AKA and Tibz in the Durban high court.