The state has raised concerns over the admissibility of one of the accused’s bail applications in the murder trial of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane.
During the proceedings at the Durban Magistrates Court, two of the seven men arrested in connection with the murders appeared before the court.
The first to apply for bail was Lindani Ndimande, a taxi owner. However, when it was time for Durban businessman Mziwethemba Gwabeni to make his bail application, the state intervened.
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Advocate Lawrence Gcaba, the prosecutor in the case, discovered that emails he had sent to one of the defence attorneys were included in Gwabeni’s bail application.
Gcaba expressed his shock, stating, “Hence, I was shocked when I saw that my emails formed part of accused number four’s application.” He also noted that there were documents about the two men arrested in Eswatini included in Gwabeni’s application.
Gcaba questioned the basis on which a charge sheet or court record from another country could be considered in these proceedings.
As a result, Gwabeni’s lawyers have been given until Tuesday to amend his bail application and present it to the court. The state’s challenge to the admissibility of the bail application raises questions about the evidence presented and the procedures followed in the case.
The court will carefully consider these issues before deciding on the accused’s bail application.
The state’s challenge to the admissibility of one of the accused’s bail applications has significant implications for the ongoing murder trial of AKA and Tibz. It raises concerns about the integrity of the evidence presented and the procedures followed by the defence.
The inclusion of emails sent by the prosecutor to one of the defence attorneys in the bail application is a serious matter. It calls into question the fairness of the proceedings and the potential for bias.
The state’s shock at discovering their emails forming part of the application indicates a breach of trust and highlights the need for a thorough investigation into how this occurred.
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