AKA murder trial: Judge allows Cartrack expert to testify - IOL
Judge allows Cartrack expert to testify in the AKA and Tibz murder trial despite defence objections over missing technical evidence and affidavit details.
Judge allows Cartrack expert to testify in the AKA and Tibz murder trial despite defence objections over missing technical evidence and affidavit details.
The Durban High Court has dismissed a defence objection to the State calling a Cartrack expert in the murder trial of rapper Kiernan “AKA” Forbes and celebrity chef Tebello “Tibz” Motsoane.
Judge Nomfundo Sipunzi ruled on Wednesday, according to the Mercury, that fleet administration expert Carel Dreyer Rothman could proceed with his testimony, despite objections from defence lawyers who questioned whether they had received sufficient documentation about his evidence.
The objection was raised when Deputy Director of Public Prosecutions advocate Lawrence Gcaba called Rothman to the witness stand.
Advocate Simphiwe Mlotshwa, who represents accused Lindokuhle Thabani Mkhwanazi and Siyanda Eddie Myeza, argued that the defence had not received the witness’s full affidavit.
He said the defence needed the complete affidavit to consult with their clients and their own expert, particularly because Rothman’s evidence was technical and, he argued, no report explained how the witness had reached his findings.
Gcaba disputed the claim, saying the defence had been given the 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.
Sipunzi sought clarity on the defence’s objection, asking whether lawyers were concerned that Rothman might give evidence that was not contained in the affidavit they had received.
She questioned why the defence could not challenge any evidence that went beyond the affidavit during cross-examination, as it had done with previous witnesses.
Mlotshwa maintained that allowing Rothman to testify would prejudice his clients.
The judge questioned 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. He argued that the State had provided printouts but not an expert report containing 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 summarise the witness’s evidence.
Advocate Garth Leppan, who represents brothers Malusi Dave and Siyabonga Gezani Ndimande, also raised concerns about the affidavit’s brevity.
Gcaba maintained that the reports supplied to the defence contained the relevant information.
After hearing submissions from both sides, Sipunzi ruled that Rothman could testify.
“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.
