Further delays in pretrial proceedings for AKA murder accused
Judge Jacqueline Henriques chastised prosecutor advocate Elvis Gcweka and called for the state to get its house in order as all the documents were not collected.
Forbes and his friend Tebello 'Tibz' Motsoane were shot dead outside the now-defunct Wish restaurant in Florida Road in February 2023.
Thabani Mkhwanazi, 30, Lindani Zenzele Ndimande, 35, Siyanda Eddie Myeza, 21, Mziwethemba Harvey Gwabeni, 36, and Lindokuhle Mhlaliseni Ndimande, 29, were arrested in February last year in connection with the murders. Their family members were present in court.
According to Gcweka, at least 45 witnesses are expected to testify in the trial which is expected to run into two sessions, starting in July, and later in October 2026.
However, these dates were yet to be confirmed by KwaZulu-Natal judge president Thoba Poyo-Dlwati.
Gcweka said the state would lead evidence from CCTV footage, vehicle tracking and cellphone footage.
In June, Poyo-Dlwati asked the state and defence to iron out issues at what was expected to be a pretrial conference when senior prosecutor Lawrence Gcaba asked for a postponement to July 24.
Sibusiso Dlamini, standing in for advocate Simphiwe Mlotshwa who is handing another matter in the Newcastle magisterial district, said Mkhwanazi and [Lindokuhle] Ndimande have certain admissions which they do not agree upon.
Henriques said she would not certify the trial ready until the additional statements are obtained.
Advocate Jimmy Howse, who represents Ndimande, said he wanted additional statements from the witnesses and wanted to avoid an 'ambush' in court.
The matter was adjourned to August 13.
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