Heated exchange between state, defence in AKA, robbery matter

A robbery case involving an accused initially arrested for the murder of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane was temporarily adjourned after words were exchanged between his attorney and a state prosecutor.

Siphamandla Ngcobo appeared in the Durban magistrate's court on Thursday on charges of robbery with aggravating circumstances.

It was reported that four suspects were arrested in connection with the February shooting of Forbes and Motsoane in Durban's Florida road. The men were taken into custody at a shopping centre in Cape Town on Sunday and transported to Durban. They arrived in the city on Wednesday.

However, three were released on Wednesday and have allegedly gone into hiding.

State prosecutor Kuveshni Pillay opposed an application by various media organisations for Ngcobo to be photographed, saying an identity parade was yet to be conducted. This was the same reason given by advocate Annelene van den Heever, representing Ngcobo, when she asked that his full name not be published.

She said there were numerous reports of his life being at risk because of his alleged link to the murder of a prominent figure.

However, magistrate Ashwin Singh denied her application.

“The accused's name is on the charge sheet and I can’t stop the media from publishing the name as the charge sheet is a public document,” he said.

The state asked for a postponement for an identity parade to be conducted, verification of the accused's address and to check for previous convictions or pending cases.

Van den Heever, however, challenged this, saying Ngcobo’s face had already been made public as videos of his arrest had gone viral on social media.  

She claimed that her client was unlawfully arrested.

“The four people were publicly arrested and their faces are clearly available on video footage which has been posted on social media. They are easily identifiable because their faces can be easily seen. I’m highlighting this because I am opposed to the postponement and the identity parade boat has come and sailed,” she said.

She told the court that the narrative during and after the arrests was that the four were arrested because of the well-known figure’s assassination.

Since Sunday, she said, the SAPS, with all the powers it holds, did nothing to have the video removed.

“Since Sunday and even today, this video has been posted over and over again. This affects whatever they want to gain during the identity parade.”

She argued that the 48 hours within which suspects must appear in court expired on Tuesday and Ngcobo should have appeared before then.

This led to Pillay and Van den Heever exchanging words, prompting Singh to intervene. He adjourned the matter and summoned them to his chambers.

When it resumed, Van den Heever said the state should, in terms of the law, have ordered the accused be released.

She said Ngcobo had been assaulted on his ankle after he was tied with a rope, had wrist injuries due to his wrists being bound together and injuries to his lower back.

“He's complaining he was suffocated with a plastic bag. He can't hear with his one ear. He has problems with vision. He said he needed to see a doctor and that was ignored. One of the other persons detained had an operation on his arm and was swollen. He said the pain was unbearable.”

The matter was adjourned for the state to respond to issues raised by Van den Heever.

The advocate was initially informed her client was being charged with carjacking. However, she later learnt he faced a robbery charge. 

This is a developing story. 

TimesLIVE