17 Mar 2016

A defence lawyer in the murder case of former Fairgrounds Holding chief executive officer, Mr Michael Montshiwa has implored the prosecution to withdraw the matter from court and register it when it is ready to prosecute.

Mr Kgosietsile Ngakaagae made the remarks during routine mention after the prosecutor from the Directorate of Public Prosecutions (DPP), Mr Ernest Mosate told the court that the police were still investigating and that they were making commendable progress.

However, Mr Mosate had told the court that he was not at liberty to shed more light in the matter because he wanted to protect the integrity of the investigations. He said “once bitten, twice shy” and thus prayed the court to schedule yet another date of mention of which he said by then more will have been achieved.

Conversely, Mr Ngakaagae said the fact that the prosecution did not say anything new except to state that investigations were still on-going shows that the case was brought to court before time. He said the police and the prosecution were too excited to bring the matter before the court and they are unprepared to go on with the case.

“The state wants postponement of their own party in the pretext that investigations are on-going and for this I therefore humbly pray that charges against my client be withdrawn and be reinstated only when they are ready to proceed,” he said.

Mr Ngakaagae said the charges against his client, Modise David, have virtually ruined the promising life of the young man and said though they cannot in anyway hamper investigations, they are ready to see the matter going for trial. 

David and two other accused not before the court are charged for the death of Montshiwa which happened on October 18, 2015 at his residence in Block 6, Gaborone. He is also facing a single count of stealing by agent.

Meanwhile, David who is on a P10 000 conditional bail will come for another mention on May 25, 2016 to give investigators more time to carry out their investigations. Gaborone Village Court Senior Magistrate, Mr Ike Raphael presides in the matter. Ends