The State intends to present evidence linking a white Mercedes-Benz recovered in Cato Manor weeks after the murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane to a vehicle seen near the shooting scene on Florida Road.
Deputy Director of Public Prosecutions advocate Lawrence Gcaba told the Durban High Court on Monday that the Mercedes-Benz was recovered on March 6, 2023, less than a month after the pair were gunned down outside Wish restaurant on February 10, 2023, the Mercury reported.
Constable Rajen Saunder, who has testified in the trial, confirmed that he attended the scene where police recovered the vehicle. He told the court that he had observed similarities between the recovered Mercedes and the vehicle captured in CCTV footage.
“Similarities were there. It had tinted windows; the left headlight was not working. The rims were similar to the one on the footage, and it also had a panoramic roof,” Saunder testified.
The State alleges that the Mercedes-Benz was used as a getaway vehicle by the two gunmen, who fled on foot after the fatal shooting. CCTV footage showed two men running across the road towards the park in the direction of Gordon Road, where the vehicle had allegedly been parked.
CCTV footage places vehicles under scrutiny
Saunder previously told the court that he began extracting CCTV footage linked to the murders on February 11, 2023, the day after the killings.
During his testimony, he identified two vehicles of interest seen on Florida Road on the night of the murders: a white Mercedes-Benz and a Volkswagen Polo Vivo.
He identified Lindokuhle Mhlaliseni Ndimande as a passenger in the Polo Vivo. Footage played in court showed Ndimande entering Wish restaurant and allegedly sitting in a position from which he could observe Forbes and his entourage while they were having dinner.
Ndimande was identified as an alleged spotter by investigating officer Kumarasan “Bob” Pillay during a bail application in 2024.
The footage also showed people sitting on benches in the park opposite the restaurant.
Previous witnesses testified that they had been returning from church on February 10 and were sitting on the benches after attending a youth service when they noticed two men wearing bucket hats and balaclavas crossing the road towards the restaurant.
The witnesses said one of their friends remarked that the men appeared to be going to commit a robbery. Shortly after the pair crossed the road, they heard gunshots.
They testified that they then saw one of the men running back towards the park in the direction of McDonald’s while carrying what they described as a silver firearm.
“I remember seeing one of them cross the road and then moments after I heard gunshots,” Witness X, who cannot be named, testified.
Seven men stand trial
Seven men are standing trial for the murders of Forbes and Motsoane. They are Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Ndimande, and brothers Malusi Dave and Siyabonga Gezani Ndimande.
The defence is expected to begin cross-examining Saunder on Tuesday.
