No justice for Montshiwa eight years later
Mpho Mokwape | Monday March 28, 2022 06:00
The murder trial is yet to see the light of day despite the police having long completed investigations and handed the case to prosecutions office and having pin pointed local lawyer, David Modise as the accused in the matter. This week the matter was before Justice Michael Motlhabi for trial dates, who at the opening lamented that the matter was so old and needed to be dealt with. “This matter has been before court for long, it is very old and as it is known I am not the first to preside over it.
It needs to move forward and be disposed off in reasonable time,” he said. Justice Motlhabi is the third judge to preside over the matter since it was registered before the High Court for trial. It was initially presided over by Justice Michael Mothobi then allocated to Justice Zein Kebonang who in the last appearance handed it over to Justice Motlhabi citing backlog of cases before him.
Justice Kebonang had at the time also shown his displeasure at the slow pace the case was taking. Defence attorney, Ofentse Khumomotse told the court that they would like to make an application for testimony that would be beneficial to their defence as the matter is expected to commence for trial on May 9. He made an application to the effect that the accused be accorded an opportunity to procure expert testimony at the State’s expense. The argument he advanced was that the accused’s instructions are to contend with the findings of the ballistics expert and of the communications expert. “These are crucial findings therefore there is a need to have the accused obtain and furnish such expert testimony to the court during trial,” he submitted. Modise, who was once a reputable lawyer, remains the only accused person in the murder trial.
First there was Modise together with a traditional doctor and a businessman who were all arrested and charged with Montshiwa’s murder. Modise was arrested on December 23, 2015 in connection with the death of Montshiwa, who was shot and killed in Gaborone outside his home at Block 6 in the evening of October 18, 2015.
The lawyer appeared before court and was granted a P10,000 bail. Two days later after his arrest, the Gaborone West police at the time arrested the other two men in connection with the murder. However as the case progressed, Modise found himself solo in the murder after the two co-accused persons, Tumelo Tshukudu and Bampoloki Seiso, all turned state witnesses.
The traditional healer, Seiso, was the first one to turn state witness in 2016 and during the last appearance in November 2021 before Justice Kebonang, Tshukudu also took the same route leaving Modise to face the music alone. Modise was reportedly Montshiwa’s lawyer at the time of his murder and according to police investigations he is accused of being the last person to communicate with the slain CEO before the shooting.
Meanwhile, before the two co-accused persons turned state witnesses, they were all linked to the murder case after they reportedly voluntarily confessed to the police with information critical in the case. In one of their court appearances, at the time, it was revealed that Modise had bought the gun, which is suspected to have been used in the fatal shooting of the former CEO for P2,500 from Seiso on October 17, 2015 with the assistance of his co-accused Tshukudu who was said to be Modise's friend. The investigating officer at the time, detective superintendent Sergeant Marapo had told the court that Tshukudu went to Mafikeng with Modise on two occasions in an attempt to purchase a pistol for self-protection. Marapo said Tshukudu, also a friend to one Mpolokang, referred Modise to Seiso who was selling his 30.06 rifle.
The court also heard that the rifle was sold on October 17, 2015 at Gaborone West and was handed to Modise in the presence of one Chester who was also not before court. The accused argued that they only sold the gun to Modise and that asking him its whereabouts will be the ideal thing to do, as he was the one in its possession. They denied participating in the murder instead submitting that the least they could be charged with was illegal possession of a firearm prior to it being sold. The trial will commence on May 9, 12 and 13, 2022.