The defence in the murders of rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane has challenged a police officer’s identification of two men in CCTV footage, questioning whether he has the expertise to identify suspects from surveillance images.
Constable Rajen Saunder, who analysed footage showing individuals allegedly linked to the killings, conceded in the Durban High Court that he was not a trained facial comparison practitioner.
The Mercury reported that the questioning centred on footage showing a man the State alleges was spotting Forbes at Wish restaurant on Florida Road and another individual allegedly following the rapper and his entourage from King Shaka International Airport to Umhlanga.
Advocate Musa Mzelemu, representing Lindokuhle Mhlaliseni Ndimande, whom the State alleges acted as a spotter before the fatal shooting, asked Saunder whether he knew that the South African Police Service had trained facial comparison practitioners qualified to conduct such analysis.
Saunder agreed but acknowledged that he was not one of those practitioners.
“Your identification of the two individuals on various CCTV footages, starting with the figure at the airport as well as the second individual you identified at Wish — all of that is based on your personal observation, not on any skill?” Mzelemu asked.
“It’s my human observation with my experience,” Saunder replied.
Officer stands by his identifications
Mzelemu pressed Saunder on the experience he relied on to identify the two men.
The officer explained that part of his role involved downloading video footage daily. He illustrated his point by saying he would be able to recognise Mzelemu if he saw him on television.
“Have you been called upon to testify as a facial recognition expert?” Mzelemu asked.
Saunder said he had not, maintaining that his testimony was based on his own observations.
He said he had spent about 10 months examining footage linked to the case.
“I have spent 10 months with this footage almost every day looking at it. So yes, I stand by my statement,” Saunder said.
He maintained that he had identified Ndimande and Mziwethemba Gwabeni by comparing their appearances with individuals captured in the CCTV footage.
The State alleges that Gwabeni followed Forbes and his entourage from the airport until they reached Hilton Garden Inn Umhlanga.
Defence questions investigation process
During further cross-examination, advocate Simphiwe Mlotshwa asked Saunder whether he and other members of the investigating team had held meetings to discuss the progress of the investigation.
Saunder said they had not, explaining that the investigating officer would approach them with specific tasks to carry out.
Seven men are standing trial for the murders of Forbes and Motsoane. They are Lindokuhle Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwethemba Harvey Gwabeni, Lindokuhle Mhlaliseni Ndimande, and brothers Malusi Dave and Siyabonga Gezani Ndimande.
