Montshiwa murder case continues May 5
13 Mar 2023
High Court Judge Dr Zein Kebonang has set May 05, as the date for oral submissions in the Michael Montshiwa murder case.
This follows completion of the defence case on March 12 at Gaborone High Court, where the accused person, Modise David (39) gave evidence. David’s co-accused, David Tshukudu was recently cleared of the crime and was therefore discharged and acquitted.
Facts of the case are that the late Fairgrounds Holdings chief executive officer was shot dead at his house in Gaborone on October 18, 2015.
Justice Kebonang had given the state March 31, to file its written submissions, while the defence would file on April 18. He further said the state must file its reply on May 03, which would be followed by oral submissions on May 05.
Judge Kebonang said judgement date would be set after the oral submissions.
In his evidence on Sunday, David said he could not be held accountable for the delay in transmission of the last message he sent to the deceased.
“I cannot speak as to why the message was received late. The call log between me and the deceased does not even show the time when the message left my phone. I cannot account for the transmission delay,” said David.
During cross examination, the state prosecutor Mr Moagi Ndlovu said evidence placed before court was that the fatal gunshot was at approximately 2230hrs, two minutes after Modise made a call to the deceased which lasted for 13 seconds.
Mr Ndlovu said two minutes after the fatal shooting of Montshiwa, the call log indicated that David called Montshiwa and the call was never answered, therefore one could presume that he was by that time dead.
He said the missed call was followed by a text from David saying, “My phone went off bru, lets meet in the morning.”
Following Montshiwa’s fatal shooting on the night of October 18, Mr Ndlovu said the call log further revealed that on the morning of October 19, 2015 at 559am, David received a phone call from Kevin Mokotedi which lasted four minutes and 12 seconds, informing him about the passing on of Montshiwa.
Mr Ndlovu said it also transpired that following his conversation with Mokotedi, the accused person at 611am sent a text message to the late Montshiwa telling him that he was going to the office to tidy up and prepare for their meeting.
Therefore, Mr Ndlovu put it to David that the call that lasted for 13 seconds and the message that was sent after he was told that Montshiwa had passed on, was nothing but a well-conceived plot of an individual who knows what he was doing and therefore wanted to create confusion.
Mr Ndlovu said he was wondering why David would send a message to a dead man. “Because you have known of his demise earlier on, why will you write a message to him as if he was alive,” asked Mr Ndlovu. In his defence, David said he recalled typing the said message earlier on before he learnt of Montshiwa’s death and therefore could not explain why its transmission was delayed.
David told court that the time of the delivery was retrieved from the deceased’s phone and therefore he could not account for its late delivery. “I sent the message before I spoke to Kevin Mokotedi,” he said.
Asked on the motive behind acquiring a gun, David stated that he wanted a pistol for self-defence. Though he could not recall the exact date when he went to South Africa to acquire a pistol, David told the court that all he could remember was that it was something that happened in the past.
He further revealed that he made frequent visits to South Africa on personal and business trips. He revealed that the reasons for getting a pistol and raffle were different and that he could not confirm that all incidents of trying to acquire a pistol and raffle happened closely prior to the fatal shooting of Montshiwa.
David still maintained that he could not ascertain that the raffle before court believed to be the one used in shooting Montshiwa was the same gun that he handed over to the late Abu Kgwarae on the day preceding the night of Montshiwa’s shooting. Ends
Source : BOPA
Author : Moshe Galeragwe
Location : Gaborone
Event : Court
Date : 13 Mar 2023