20 Nov 2021

The first accused person’s defence team, in the murder case of former Fairgrounds Holdings CEO, Mr Michael Montshiwa has complained against Directorate of Public Prosecution (DPP) last minute dramatic developments which are ikely to compromise their defence.

Appearing before Judge Dr Zein Kebonang at Gaborone High Court on Friday, attorney for the first accused, Mr Ofentse Khumomotse told court that his team has since launched an application seeking the state to provide them with documents relating to the police docket.

“Yesterday, we also learnt that the second accused person,Tumelo Tshukudu will be turned into an accomplice witness and we had just received his recorded statement. The development dramatically compromises the manner in which we had prepared to conduct our defence. We made headways by admitting 10 witnesses.

We do not by any chances intend delaying the matter. All we want is for the matter to progress accordingly. Some documents which were presented yesterday, are not in the file that was issued at the beginning of the case. It is logical to proceed after addressing all issues likely to hinder a fair trial,” said Attorney Khumomotse.”

 The duo of David Modise (first accused person) and co-accused, Tumelo Tshukudu are charged with the murder of Montshiwa, who was shot at his home in Block 6 on October 18, 2015.

Meanwhile, Judge Dr Kebonang cautioned the the defence attorney to desist from engaging in delaying tactics. “I sense delaying tactics. The matter has been pending since 2015.

I believe you have long received a summary of all the necessary documents from the prosecution. Our last meeting was on Tuesday, November 16 and you had time to collect all the necessary documents. I wonder if the application was really necessary,” he said

Dr Kebonang also cautioned the prosecution that commencing the trial before providing the defence team with all the necessary documents needed to prepare their case will be an ambush.

He said the next available dates to set as trial dates were in November 2022. “If we do not commit, the matter will further be delayed by another year. We can set trial dates earlier than that if all parties commit to work on weekends,” he said.

The judge said a week would be enough for parties to iron out their differences and pave way for commencement of trial as early as possible. “There is no need for further delays”, he said.

Presenting the prosecution’s case, Mr Moagi Ndlovu of the DPP concurred with the defence that they had admitted 10 witness and that there was a possibility to admit more. He also indicated that the first accused person’s lawyers had launched an application requesting for further particulars.

He assured court, that the prosecution was not deliberately withholding information required by the defence team. Therefore, he said his team was willing to address issues raised by defence team

Modise is represented by the duo of Khumomotse and Jabu Oteng, while the second accused (Tshukudu) is represented by Mr Enock Mazonde.  Dr Kebonang ordered the parties to meet on or before November 24, 2021 at 1400 at Directorate of Public Prosecutions (DPP) office for purposes of ascertaining requested documents.

The case is set for November 29, 2021 at 8am for status hearing and purpose of serving trial dates. Dr Kebonang has advised parties to open up for the proposal of setting trail dates on weekends. ends