AKA murder trial: defence objects to tracking expert who testified on two cars allegedly used to follow rapper

The defence in the murder trial over the killing of rapper Kiernan "AKA" Forbes objected on Wednesday to a vehicle-tracking expert, saying it needed its own expert before he could be cross-examined. Judge Nomfundo Sipunzi ruled that the witness could finish his evidence first.

Seven men have pleaded not guilty to charges of murder, attempted murder and illegal possession of firearms in the Durban High Court. They are presumed innocent unless proven guilty.

The tracking evidence

Carel Rothmann, a fleet administrator at vehicle-tracking company Cartrack, gave evidence on two cars the State alleges were used to monitor Forbes: a grey VW Polo and a Hyundai Grand i10.

His data showed both cars left Keeler Place in Durban on 9 February 2023, the day before the shooting. On 10 February both were parked at the same Keeler Place location in the afternoon and evening, he said. He told the court the two cars followed each other in the same direction throughout the surveillance period, according to a report of the proceedings.

Forbes and Tebello "Tibz" Motsoane were shot dead outside Wish restaurant on Florida Road, Durban, on 10 February 2023.

The defence objection

Defence counsel Simphiwe Mlotshwa objected to Rothmann testifying and asked for his full affidavit. "We need to consult with the accused and our own expert before this witness can continue," he said, according to a report.

The judge first ruled that Rothmann could testify, because the defence already had his affidavit and reports. Counsel William Nicholson SC then demanded the full affidavit and all material the witness planned to use. He claimed that 95% of the testimony was not in the original affidavit. "We need our own expert present when this witness testifies," he said.

Sipunzi ruled that Rothmann would finish his evidence and that the matter would then stand down so the defence could prepare before cross-examination.

The trial so far

The trial began on 5 October. Earlier in the case, Sergeant Rajen Sanders of the KwaZulu-Natal organised crime unit gave evidence on 17 video clips he collected tracking the accused's movements. The defence questioned that footage. A report says evidence presented last week linked three men to the alleged spotter, tail and gun-supply roles. These are the State's allegations and have not been tested in cross-examination.