13 Jan 2016

The Village Magistrate Court, on Tuesday January 12, refused to grant bail to two men accussed of killing Fairground Holdings chief executive officer, Mr Michael Montshiwa.

Senior Magistrate Ike Raphael concurred with the prosecutor, Mr Ernest Mosate, that the accused should be locked  up for a further two weeks while investigations on the matter continue.

Earlier on Mr Mosate implored the court to remand the accused to enable the state to carry investigations without hindrance.

He, however, told the court that though he could not disclose the extent and the amount of information they had, they were making headway and it was therefore important that the court grant them their wish so that they could do a thorough job.

Nevertheless, he said they were mindful of the fact that the two accused had the right to liberty, but the public interest should also be taken into consideration more so that the accused were facing a serious offence of murder. 

 Bampoloki Seeiso and Tumelo Tshukudu’s lawyer Mr Enock Mazonde said he did not understand why his clients should be further remanded particularly that the state had failed to take the court in confidence so that it could arrive at a just ruling.

Mr Mazonde submitted that the fact that a fourth suspect who was said to be a South African was not yet arrested, could not be used to deny the accused bail, noting that since his clients were detained at Gaborone State Prison on December 29, 2015, the investigators only came to interview them once on January 7, 2016, something that showed lack of interest in the case by the state.

He further argued that it was disturbing to learn that his clients who had little role in the murder were still in custody while the principal offender, Modise David, had been given bail. 

According to the charge sheet, the duo and two others who were not before the court on or about October 18, 2015 in Gaborone acting together and in concert murdered Montshiwa by shooting with a short gun (30.06) at his house in Block 6 location. 

They will appear again on January 26.  

Meanwhile the third accused, David, is due to appear before the same court on January 25. 

He is on a conditional bail of P10 000 and reports himself to Gaborone West Police Station daily while his travelling documents have been surrendered to the same police station. Ends