09 Oct 2022

After failing to connect with the witness through a virtual platform, there is hope that the witness will be availed in court to conclude his evidence in the murder of former Fairgrounds Holdings Chief Executive Officer, the late Michael Montshiwa.  

This transpired in court on Thursday  when Judge Dr Zein Kebonang advised the prosecution to engage all the necessary avenues to avail for cross-examination on October 24, the witness who is a ballistic expert Detective Chief Inspector Admire Mtizwa of the Zimbabwean Police under Forensic Directorate.

Mr Mtizwa was on January 16, 2018 engaged by the team investigating the October 18, 2015 murder of the late Montshiwa to examine the alleged murder weapon and bullet cartridge retrieved from the scene of the murder.

Dr Kebonang said the case had been pending for far too long, therefore, efforts must be put in place to conclude the matter.

Earlier on, prosecutor Mr Moagi Ndlovu had told the court that the witness had proposed that he would be on a short vacation from October 20 to October 28, hence the need to arrange for his travel from India to Botswana to conclude his evidence.

This was after he could not be reached to give evidence in court as he was reported to be on a two-year study leave in India which prompted the prosecutor to pursue all the necessary venues to get in touch with him.

An arrangement had been made to engage him via a virtual platform to cross-examine him virtually but efforts proved futile as his cellphone was not answered. 

The court further engaged his supervisors in Zimbabwe to assist in contacting the witness.

Though it was agreed that he will manage to get through on October 7, another predicament befell the arrangement as the witness was reported not to be well due to a result of changes in weather conditions.

In the previous court session after giving his evidence in chief on August 22, the defence attorney for the first accused person, Mr Ofentse Khumomotse had requested for a postponement to consult with his witness and prepare for cross-examining the witness.

The duo of David Modise and Tumelo Tshukudu are charged with the murder of the late Montshiwa. The second accused person (Tshukudu) is represented by Mr Enock Mazonde. 

The prosecution team is led by Ms Merapelo Mokgosi and Mr Ndlovu. BOPA