Court denies second bail application of two accused in AKA murder

AKA

Cape Town — Two of the seven men accused of murdering Kiernan ‘AKA’ Forbes and Tebello ‘Tibz’ Motsoane are expected to remain in custody after their second bail application was denied.

Mziwethemba Harvey Gwabeni and Lindokuhle Ndimande appeared in the Durban Magistrate’s Court in KZN on Wednesday, where the court ruled against granting bail for the two suspects. They had submitted a second bail bid and argued that new facts had emerged since their first applications, The Citizen reported.

Both men, as well as Lindokuhle Mkhwanazi, Lindani Ndimande and Siyanda Meza, were denied bail last year, while the two other suspects, Siyabonga Ndimande and Malusi Ndimande, are waiting to be extradited from eSwatini.

During the court proceedings, Magistrate Vincent Hlatshwayo said the second bail bid was an abuse of court processes and it was improper for an unsuccessful bail applicant to repeat the same application for bail.

“The court may also not, in the absence of new facts justify granting of bail, set aside its own earlier decision of bail or refusal of bail in this regard,” Hlatshwayo said.

The presiding officer said the bail was previously denied for Gwabeni due to his interference as a state witness.

“Applicant one will not hesitate to interfere with witnesses that implicate him as he has already done. It is, therefore, the finding of this court that, that likelihood is still there,” Hlatshwayo said.

According to IOL, Hlatshwayo said for the court to find new evidence in the case, the initial bail application needed to be looked at.

Hlatshwayo said the issue of Gwabeni’s children’s school fees was dealt with in the initial bail application, and he said he was going to be able to pay for school fees while incarcerated. He said the matter of children is a sensitive issue and as per the law, they must be raised by both parents.

Hlatshwayo argued that the mother was more than capable of taking care of the children as she was a medical doctor. Hltshwayo said the court was of the view that Gwabeni was likely to interfere with State witnesses. The State raised this concern in the initial bail application.

He said looking at the evidence of both applicants, there are no new facts. “The bail is denied,” said Hlatshwayo.

Follow African Insider on Facebook, Twitter and Instagram

Picture: X/@Am_Blujay

For more African news, visit Africaninsider.com

Compiled by Matthew Petersen

Article written by