Fresh twist in AKA-Tibz trial as Myeza faces separate case - IOL

The Durban High Court has ordered that six charges against accused Siyanda Eddie Myeza in the AKA-Tibz murder case be tried separately from the main trial involving the murders of Kiernan “AKA” Forbes and Tebello “Tibz” Motsoane.

Judge Nomfundo Sipunzi granted the application on Tuesday afternoon after hearing arguments from the defence and the State.

According to the Mercury application was brought by first accused Lindokuhle Thabani Mkhwanazi, who argued that he would be prejudiced if he remained in the trial while evidence was led on six charges relating solely to Myeza.

The other accused aligned themselves with the application.

KwaZulu-Natal Deputy Director of Public Prosecutions Advocate Lawrence Gcaba opposed the application, arguing that the defence had relied on the wrong section of the Criminal Procedure Act.

Gcaba said Section 157(2), relied upon by the defence, provided for the separation of accused persons rather than the separation of charges.

He argued that granting the application under that provision would effectively require Myeza to be removed from the current proceedings and tried separately on all 17 charges he faces.

The State submitted that there was no law or case law supporting the application and argued that the defence should instead have relied on Section 81 of the Criminal Procedure Act, which deals with the separation and joining of charges.

However, Sipunzi found that the application raised issues concerning the accused’s constitutional right to a fair trial.

“Having considered evidence and submissions and applicable law the application is granted. Myeza shall stand trial for counts 12-17 separately,” Sipunzi ruled.

The judge said the reasons for the order would be set out in her full judgment.

The six charges relate to a May 6, 2022 shooting on Jan Smuts Highway in Mayville.

Myeza is alleged to have conspired to kill two men, shot and killed them, attempted to kill two others and stolen a white Toyota Etios.

However, according to the investigating officer’s affidavit, the firearm allegedly used in the Mayville shooting has also been linked to the murders of Forbes and Motsoane.

The separation means Myeza will face the six Mayville-related charges separately from the main trial, in which the accused face 11 charges, including the murders of Forbes and Motsoane and conspiracy to commit murder.

The order was made as the trial into the deaths of Forbes and Motsoane continues in the Durban High Court.