AKA and Tibz murder trial: Defence challenges CCTV identification of Mziwethemba Gwabini

The defence lawyers in the Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane’s murder trial on Thursday challenged a police technical detective’s right to identify a suspect on CCTV footage, but the Durban High Court allowed the evidence.

A Saps detective who took the stand named businessman Mziwethemba Gwabini as the man who trailed the rapper on the day he died.

Detective Rajen Sanders told the court that the man who was filmed following Forbes and his group at King Shaka International Airport on 10 February 2023 was accused number four, Gwabini.

Until Thursday, police had described Gwabini as an unidentified figure.

Gwabini was named as one of the spotters on the day of the killings.

He and six others are on trial for the murders of Forbes and Motsoane, who were shot outside a Florida Road restaurant in Durban in February 2023.

The group includes Lindokuhle Thabani Mkhwanazi (accused one), Lindani Zenzele Ndimane (accused two), Siyanda Eddie Myeza (accused three), Mziwethemba Harvey Gwabeni (accused four), Lindokuhle Mhlaliseni Mkhwanazi (accused five), Siyabonga Gezani Ndimande (accused six), and Malusi Dave Ndimande (accused seven).

Detective’s expertise disputed

Gwabini’s defence advocate William Nicholson objected as Sanders explained how he recognised an accused on the CCTV footage.

“My objection is on two bases,” Nicholson told the court.

Nicholson said no affidavit mentioned an identification, so the evidence came as a surprise in court. He also questioned the detective’s qualifications.

“He is not a facial ID expert,” Nicholson argued.

State and judge back the evidence

State prosecutor Lawrence Gcaba responded that the objection went to the weight of the evidence and not whether it could be admitted.

He compared the detective to an eyewitness who sees a suspect for the first time in the courtroom.

“The eyewitness’s observation is the witness’s investigation,” Gcaba argued.

The presiding judge, Nomfundo Sipunzi, ruled after hearing both sides.

She said the court would decide how much weight to give the evidence at the end of the trial.

How the detective made the match

Sanders told the court he had 27 years of service in the provincial organised crime unit.

After the killings, he downloaded footage from hotels, restaurants, private homes and a toll plaza.

He testified that he watched footage alongside the investigating officer and spotted one of the accused.

He then compared it with the Sanral toll plaza footage, and the two men reached the same view.

“We then came to a conclusion. It was the same person,” Sanders testified.

Cars link the accused to the scene

Sanders also showed footage of Gwabini driving a grey BMW behind the car Forbes was travelling in.

The court had earlier seen a grey VW Polo circling the hotel where Forbes was staying.

A car rental owner previously testified that he leased a Polo with the same number plates to Gwabini.

Sanders said he wanted footage from inside the airport but did not get it because of restrictions at the site.

“It’s the protocols and it’s an international airport,” Sanders explained.

The defence also disputed a vehicle highlighted in the Europcar footage, saying the state had not shown it was the one Forbes used.

“We’ve not made any admission in respect of that,” Nicholson stated.

The trial continues.