Five of the seven suspects charged with the murd3r of rapper Kiernan ‘AKA ‘Forbes and his chef friend Tebello ‘Tibz’ Motsoane are back in Durban Magistrates Court today but the judge presiding over the matter is unhappy about the bail application dragging. Lindokuhle Thabani Mkhwanazi, 30; Lindani Ndimande, 35; Siyanda Myeza, 21; Mziwethemba Gwabeni, 36; and Lindokuhle Ndimande, 29 are facing charges of murd3r, conspiracy to commit murd3r, unlawful possession of firearm, unlawful of ammunition and five charges of @ttempted murd3r.
The bail application of the five of the seven men @ccused of the murd34r started almost two months ago and Judge Vincent Hlatshwayo wants it done and over with. “We started with this bail application on the 14th of March, we are now into May.
Bail applications are supposed to be urgent and are supposed to be disposed of as soon as possible. But we have taken almost two months because of the availability of yourselves,” Hlatshwayo told the defence. Though the hearing continues this morning, Hlatshwayo told the defence that he would not be available for the proceedings next week as he has other commitments for the rest of the week.
The defence for two of the @ccused has insinuated that the state does not have a strong case against his clients. Advocate Simphiwe Mlotshwa for accused 1, Thabani Mkhwanazi and accused 5 Lindo Ndimande said the state’s case is weak and that the police are failing to complete their investigations. Both the defence and state presented their closing arguments for the bail of the accused yesterday. “There is a huge time lapse between the arrest of all the applicants and the alleged incident.|
The state is not taking this court into full confidence in terms of particularising in the light of the time lapse between the alleged incident and the date of arrest – what is it that is still outstanding?” He added, “The presumption is everybody is able to articulate themselves. If that were the position, Mr Pillay, the investigating officer, would have stated exactly in those clear terms.
This goes back to the concern that I’ve raised, the generic allegations.It would have helped all of us if the state was able to take everybody into full confidence and tabulate that this is X, Y, Z and that is outstanding. It doesn’t help to just generically refer to the investigations as just being at an advanced stage,”The case continues this morning.
Source Zimoja
