The men accused of killing Kiernan Forbes, also known as “AKA”, and his companion Tebello Motsoane, also known as “Tibz”, have been denied bail by the Durban Magistrate’s Court.
Mziwethemba Gwabeni and Lindokuhle Ndimande had applied for bail for the third time based on new facts.
As the accused got into court, Gwabeni looked tired and defeated, and kept looking down. Once the proceedings started, Ndimande listened attentively.
However, Magistrate Vincent Hlatshwayo said the applicants (accused) should not be permitted to file bail numerous times.
He mentioned that in May last year, the duo’s bail application was denied, and they appealed it to the high court and it was also denied.
“For the court to see that this is new evidence, it has to look at the initial bail application,” he said.
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.
However, Hlatshwayo said the mother is capable of taking care of the children as she is a medical doctor.
He said the court is of the view that Gwabeni is likely to interfere with State witnesses. The State raised this concern in the initial bail application.
Speaking about Ndimande’s taxi, he said it was in an accident and it used to make R20 000 a month.
Hlatshwayo said common sense dictated that such an item making R20 000 would be looked after. There are plans made to ensure that this item is looked after.
“This item was in an accident and it was not reported and the car was left like that. With all due respect, this does not make sense,” said Hlatshwayo.
He said looking at the evidence of both applicants, there are no new facts. “The bail is denied,” said Hlatshwayo.
Senior State prosecutor, advocate Elvis Gcweka, asked for the court to postpone the matter to February 7 for serving of indictments.