10 May 2022

The trial in which David  Modise and Tumelo Tshukudu are charged for the murder of  former Fairgrounds Holdings chief executive officer, Michael Montshiwa started before Justice Dr Zein Kebonang on Monday,.one thing remained unclear; the identity of the person who committed the offence.

Defence lawyer, Mr Ofentse Khumomotse said the case was based on circumstantial evidence, as none of the state witnesses could pin his client to the crime.

The late Montshiwa was killed on or about October 18, 2015, at his residence in Gaborone Block 6, and the state has charged his former lawyer, Mr David Modise with the offence.

In addition, Mr Modise is facing another charge of stealing by agent, as he is said to have stolen P245 000 from the deceased, being money which came into his possession by virtue of being his lawyer.

The money was apparently to be used to buy a plot for the deceased, according to the charge sheet statement.

Mr Modise is charged alongside Mr Tumelo Tshukudu, who is said to have assisted him acquire a gun; both, however, vehemently deny killing the deceased or having a hand in his killing.

 Modise’s lawyer, Mr Ofentse Khumomotse argued that the state had failed to provide the identity of the person who committed the crime.

He stressed that the state’s case only hitches on circumstance evidence, as none of the three state witnesses, who had already testified, pinned any of the accused persons for the murder.

 The first witnesses, Ms Bonani Tshibogo, who worked as a helper for the deceased, stated that she was not home on the day Montshiwa was killed and only attended to the deceased’s house on Tuesdays and knocked off before he arrived from work.

 Furthermore, she told the court that the deceased was staying alone. Another witness, Ms Lebogang Molefhe, who was a neighbour to the deceased, said she heard a gunshot and rushed to the deceased’s place and “upon arriving there with other people, she found the deceased laying down with his legs outside house, while the upper body was in the house.” Her testimony was also confirmed by the third witness, Mr Stanley Tsolope, who also said he found the deceased laying down, with blood oozing from his body.

 He said the deceased was shot between the head and the neck, adding that prior to the incident, he saw two men at the deceased place  as he passed by.

Mr Tsolope said upon reaching his destination, which was nearby, he heard a bang sound and looked outside and saw a man going toward a VW car, which was parked outside.

He said the man was holding a rifle and entered the vehicle, which did not have rear registration numbers, through the rear door.

The trial continues Thursday, with more witnesses expected to take the stand. bopa