16 May 2022

The defence attorney in the Michael Montshiwa murder trial, has accused a state witness for testifying against his client to secure liberty from possible prosecution.

“You are giving evidence as part of your liberty from the police,” Mr Ofentse Khumomotse said to Chester Kgosimoloi, who was testifying against David Modise and Tumelo Tshukudu, who are charged with the murder of the late Fairgrounds Holdings chief executive officer.

He said Kgosimoloi was a drug dealer, who was once held in police custody, hence he agreed to testify against his client in exchange for freedom from possible prosecution.

Mr Khumomotse said the witness was dealing with drugs by the name of madaena and was once arrested for his illegal dealings, adding that Kgosimoloi, who told the court that he was a self-employed business man, could not account on how he raised money to purchase the vehicle he used for his business, because the money was raised through illicit means.

Mr Kgosimoloi disputed the attorney’s statement, but failed to convince Justice Dr Zein Kebonang how he accumulated enough money to buy a vehicle to transport school children.

Asked how he accounted for his money, Kgosimoloi who had earlier told the court that he had never been employed in his entire life, changed to say he was once employed, before changing again when asked how much he was earning.

“It was not employment my worship, it was an attachment before I finished my tertiary,” he said, where he said he was getting P1 500 and managed to save P500 for four months, which enabled him to start the business.

Mr Khumomotse seized the opportunity to tell the witness that his testimony lacked sense, to which the witness answered, “Yes”. Mr Kgosimoloi had, before the cross examination by the accused lawyer, told the court that he had interacted with Tshukudu and Modise.

He said that Tshukudu told him that David wanted to buy a gun in South Africa, adding that the two accused persons went to South Africa twice, but failed to find the gun. He told the court that Tshukudu had told him that Modise wanted a gun to protect himself as he was a lawyer.

Furthermore, he told the court that Modise used to come to his place driving a black VW Golf 5 or on a motorcycle. The black VW Golf 5 is core to the crime as another witness had told the court that he saw a man with a gun getting into the VW motor vehicle at the crime scene.

Mr Kgosimoloi said on Sunday 18 October 2015, which was the day of the crime, Modise picked Tshukudu up from Gaborone West, and the duo left him behind, adding that Modise was driving a black VW Golf 5. He said on Monday, Tshukudu came to his house and asked him if had heard that Modise’s client was shot dead on Sunday night.

After the incident, he said Tshukudu disappeared for some time, adding that during one of the days, a neighbour called him saying two men came looking for him and that they wanted him to relay a message to Tshukudu that he should vanish from town.

 He told the court that the description of the other man matched that of Modise. The case will continue on May 26 and June 05.ends