Judge allows Cartrack expert to testify in AKA and Tibz murder trial

Celebrity Chef Tebello 'Tibz' Motsoane and his friend rapper Kiernan 'AKA' Forbes were killed on Florida road at February 2023.

The Durban High Court has dismissed a defence objection and allowed Cartrack witness Carel Dreyer Rothman to testify in the murder trial of rapper Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane.

The defence argued it had not received Rothman’s full affidavit, expert report and supporting analysis, and would be prejudiced if he gave evidence. The State disputed this, saying the defence had been provided with his affidavit and two reports.

The objection was raised on Wednesday morning when Deputy Director of Public Prosecutions advocate Lawrence Gcaba called Carel Dreyer Rothman, a fleet administration expert at Cartrack, to take the stand.

Advocate Simphiwe Mlotshwa, representing Lindokuhle Thabani Mkhwanazi and Siyanda Eddie Myeza, immediately objected, saying the defence had not been furnished with the witness’s full affidavit.

Mlotshwa argued that the defence needed the complete affidavit to consult with their clients and their own expert, particularly because Rothman’s evidence was technical and there was no report explaining how he had reached his findings.

Gcaba disputed this, saying the defence had received the witness’s affidavit and two reports.

“It’s inaccurate that they have not been furnished with the affidavit of this witness. A witness gave a summary of the evidence that they are going to give; there is nothing stopping the witness from expanding,” Gcaba said.

Judge Nomfundo Sipunzi sought clarity on the objection, which was supported by other members of the defence team.

“You objected to this witness taking the stand, saying he might say what is not in the affidavit that you have been furnished?” she asked.

She questioned why the defence could not cross-examine Rothman on any evidence that went beyond the affidavit, as it had done with previous witnesses. Mlotshwa maintained that allowing the testimony to proceed would prejudice his clients.

Sipunzi asked how she could make a finding on evidence she had not yet heard.

Advocate Musa Mzelemu, representing Lindani Zenzele Ndimande and Lindokuhle Mhlaliseni Ndimande, also objected, saying the State had not provided an expert report but only printouts without the underlying analysis.

“We have not been given his credentials for him to testify as an expert,” Mzelemu said.

Advocate William Nicholson SC, representing Mziwethemba Gwabeni, argued that the affidavit did not contain a summary of the witness’s evidence.

Advocate Garth Leppan, representing brothers Malusi Dave and Siyabonga Gezani Ndimande, also raised concerns about the brevity of the affidavit.

Gcaba maintained that the reports supplied to the defence contained the relevant information.

After hearing submissions from both sides, Sipunzi ruled that Rothman could proceed with his testimony.

“I make this ruling that the witness can proceed to testify. Having listened to the submissions made, I have not found a basis upon which I may not allow this witness to testify,” she said.

The judge indicated that she would provide her reasons in her judgment at the end of the trial.