The defence in the murder trial of rapper Kiernan “AKA” Forbes and his friend Tebello “Tibz” Motsoane has challenged a police witness over his ability to identify people in CCTV footage.
Sergeant Rajen Sanders, of the KwaZulu-Natal organised crime unit, was questioned in court about his expertise in facial recognition and analysing people’s physical features. He has linked several accused men to roles in the alleged plot that ended with Forbes and Motsoane being shot dead in Durban.
The pair were killed on 10 February 2023 after leaving the now-defunct Wish restaurant on Florida Road. The trial began on 5 October, with seven accused pleading not guilty to charges that include murder, attempted murder and unlawful possession of firearms.
Sanders was in the witness box for a third day. Last week, he described alleged roles played by three men as a spotter, a tail and a supplier of firearms. He had previously identified accused Mziwelithini Gwabeni, 36, as the alleged tail who followed AKA and his group from their arrival at King Shaka International Airport.
On Friday, Sanders named accused Lindokuhle Mhlaliseni Ndimande, 29, as one of the alleged spotters involved in the plot.
Ndimande’s legal representative, advocate Muzi Mzelemu, questioned whether Sanders had the training to make positive identifications from the footage.
“I put it to you that you don’t possess any proficiency or expertise in facial recognition and body measurements; that is to analyse the physique of individuals.”
Mzelemu asked Sanders about the quality of the footage. Sanders said it was good and explained that he had watched it several times, which helped him identify some of the accused.
The defence also questioned how Sanders identified a man driving a BMW that passed through a Sanral toll plaza near King Shaka International Airport while allegedly following AKA’s vehicle.
Mzelemu asked whether Sanders could see the driver’s face. Sanders said he could not, but told the court he identified the man by the clothing he had seen him wearing at the airport.
Mzelemu suggested Sanders was not a facial recognition expert and did not have the qualifications needed to identify people from the footage.
Another defence advocate, William Nicholson SC, challenged whether the videos could be trusted. Nicholson argued that the footage had been obtained some time after the killings and questioned whether its authenticity could be guaranteed.
Sanders agreed that he could not guarantee the footage had not been tampered with. He said, however, that tampering would change the footage’s time and date details.
The evidence relates to the investigation into the killings of Forbes and Motsoane. The seven men on trial are Lindokuhle Mhlaliseni Ndimande, Lindokuhle Thabani Mkhwanazi, Lindani Zenzele Ndimande, Siyanda Eddie Myeza, Mziwelithini Gwabeni, Malusi Dave Ndimande and Siyabonga Gezani Ndimande.
All have pleaded not guilty. The case continues, and the allegations against them have yet to be determined by the court.