02 Jun 2022

The trial of David Modise and Tumelo Tshukudu who are accused of killing the former Fairgrounds Holdings chief executive officer, Mr Michael Montshiwa will continue on Sunday.

 The trial which had been conspicuous with large public attendance, would ultimately have the investigating officer, Detective Senior Superintendent Sergeant Marapo taking to the witness box.

 The state had, during the last court appearance on Ascension Day expressed reluctance to call Mr Marapo to the witness box, saying they wanted him to close their case.

This was however overruled by Justice Dr Zein Kebonang, but the state nonetheless got its way, as the defence and state settled to deal with admission of witness statements.

It was during the admission of witness statements that the parties agreed to argue on admission of some exhibits, as the defence attorney, Mr Ofentse Khumomotse said they were not inadmissible.

However, when time for arguments came last week Friday, the prosecution attorney, Mr Moagi Ndlovu told the court that the state was not ready. He told the court that it was an error on his part to have consented to argue on admission of exhibits. The said exhibits were telecommunication records between Modise and Mr Montshiwa.

 “I have great discomfort with the approach the prosecution is taking. Firstly, we had indicated we wanted to argue and they had consented and His Lordships issued an order,” said Mr Khumomotse.

 He said it was surprising that when the parties appeared for argument, the state changed its stand. Mr Khumomotse said the court could not change its own order and further said the order was not imposed on the prosecution. He accused the prosecution of delaying the case, which had been dragging for long.

“I am confused by the position taken by the prosecution,” said Mr Enock Mazonde, who represented Tshukudu, the second accused. He said such stance by the prosecution was not provided for in the Criminal Procedures and Evidence Act. “If all these days are going to be lost, we may as well pause here,” Justice Dr Zein Kebonang interjected. He said the case progress had been slow and more days were being lost.

Justice Dr Kebonang said the fact that the state was changing from one position to another created uncertainty for the case progress, adding that the court was hamstrung to overturn its own order.“I am going to adjourn to allow the parties to reflect, if nothing happens we may also vacate the 5^th of June,” he said. And from the adjournment, the prosecution opted to oppose the defence application and the court withheld its ruling on whether to admit the telecommunication data exhibits.

Out of the initial 32 witnesses, six had given evidence, two are still to give evidence and the rest had been admitted by the defence. ENDS