27 May 2022

The trial of David Modise and Tumelo Tshukudu, who are accused of killing former Fairgrounds Holdings chief executive officer, Mr Michael Montshiwa continues Friday afternoon, with the defence expected to make an application regarding the admission of exhibits from four witnesses.

During the last court appearance at Gaborone High Court on Thursday none of the witnesses took the stand as anticipated. The state was expected to call more witnesses.

The prosecutor, Mr Moagi Ndlovu told the court that the state was not in a position to continue, as the defence team had admitted more witnesses and that other witnesses were not in court.

He said the defence lawyer, Mr Ofentse Khumomotse had just told him that he wanted to admit more witnesses and the state was likely to remain with only six witnesses.

He explained that from the six, only the investigating officer was present in court, but he was not ready to take the stand, as the prosecution had wished to bring him in at the end of the trial.

“I am not going to allow that Mr Ndlovu. I really do not want this day to go to waste, this is why I have devoted this day. If he concludes, does he really change the colour of the evidence,” quizzed Justice Dr Zein Kebonang, before a fully packed court.

Justice Kebonang thus adjourned court for an hour, to allow the state to consult the investigating officer, to take the stand.

From recess, the case took another turn as the state requested for a meeting with Justice Kebonang and the defence team in chambers.

“Today we have too many private meetings, anyway let me see you in my chambers,” Justice Kebonang said, as the court adjourned once more.

When the trial resumed after the meeting, the defence lawyer, Mr Khumomotse told the court that the defence was willing to admit four more witnesses, which would mean there were only two remaining witnesses.

However, he said the defence had argued that exhibits from the four witnesses had deficiencies with respect to compliance to statuary provisions, hence they would be inadmissible.

As such, Mr Khumomotse said they would want to argue their objections before the court and leave everything to Justice Kebonang to decide.

“The parties would then argue for his lordship consideration and his lordship will make a determination if they are admissible or not,” he stated.

In response, the state attorney, Mr Ndlovu said they had no objection to have the defence’s move for a stated case application.

However, he requested that the case be argued before June 05, which is a date set for the continuation of trial.

Among the witnesses whose exhibits would be challenged by the defence are telecommunication experts from Orange and Mascom as well forensic experts.

The first accused, Modise was represented by Mr Khumomotse, while Tshukudu was represented by Mr Enock Mazonde.

Modise also faces a charge of stealing by servant as he was alleged to have stolen P245 000 from the deceased, which came into his possession as the deceased’s lawyer. Ends