11 May 2022

The state has backtracked on  its initial offer to have an accomplice witness in the murder case of the late Fairground Holdings chief executive officer, Michael Montshiwa.

The prosecutor, Mr Moagi Ndlovu on Monday moved before Justice Dr Zein Kebonang of Gaborone High Court to have second accused person, Tumelo Tshukudu as an accomplice witness, but later changed the stance.

Tshukudu has been charged with murder of Montshiwa alongside David Modise.

The late Montshiwa was gunned down at his residence at Block 6 location in Gaborone on October 18 2015 and both Modise and Tshukudu had been charged.

However, Tshukudu’s lawyer Mr Enock Mazonde declined the state offer to have his client turned an accomplice witness, saying the court would be in error to allow for such an application.

Mr Mazonde stated that his client did not qualify to be an accomplice witness, saying an accomplice witness was someone who played a role in the crime concerned. He submitted that his client was not involved nor had he facilitated the killing of Montshiwa.

“An accomplice witness is a witness who is complicit to the crime, someone who participated in the alleged crime," he stated.

Mr Mazonde said  the statements before the court also showed that Tshukudu was not privy to what the first accused person, Modise did with the gun.

He said his client participation was minimal and limited to assisting the first accused buy a riffle, servicing it and checking if it was working.“He is not going to speak on who shot with the gun or who the gun was bought for. We reject the offer to make him an accomplice," he stated.

Modise’s lawyer, Mr Ofentse Khumomotse said the prosecution decision was unfair.

 “What they are doing is litigation by ambush,” said Mr Khumomotse.

He said the prosecution kept on changing stance on whether Tshukudu would be an accomplice or not.

He suggested that the prosecution could have withdrawn charges against Tshukudu and charge him as an ordinary witness, although he said he would vehemently oppose such move.

After exchanges that involved Justice Dr Kebonang, the state counsel requested for a brief adjournment to consult and make up a final settlement on the matter. "We have reflected and we will proceed without Mr Tshukudu being an accomplice witnesses," Mr Ndlovu said after consultations with his team.

The trial continues before Justice Dr Kebonang on Thursday. Already three state witnesses have given evidence. BOPA