Judgment set in slain Fairground CEO case
Sharon Mathala | Tuesday June 20, 2023 06:00
Gaborone High Court judge, Justice Zein Kebonang announced last Friday when the matter was called for final submissions that after an eight-year wait, he will deliver his judgment.
The defence closed its case in March after calling only one witness, with David Modise as the accused in the case. The State had called 26 witnesses in its quest to prove that Modise, a lawyer by profession, had killed his then-client and friend, Montshiwa.
In court on Friday, defence lawyer Ofentse Khumomotse maintained that because the state had said the motive for Modise to kill Montshiwa was because of the money that he had allegedly stolen from him, and that the court had since thrown out the theft charge because of lack of evidence, there was no motive. He maintained his client had no motive to kill Montshiwa and that the State has failed to tie Modise to his murder.
For his part, cementing why Modise is guilty, Prosecutor Moagi Ndlovu reiterated the State’s case on how they linked Modise to the murder. Most critically, the State lawyer told the court that according to the network signal, it showed that the accused was around the Botswana Bureau of Standards (BOBS), a location near where the murder weapon was found by the police.
The State further stressed that according to call records, Modise was supposed to meet with the deceased that very night. In his defence, however, Modise previously told the court that he indeed was supposed to meet with Montshiwa that night but ended up not meeting with the deceases because he (Modise) was drunk.
He told the court that he preferred not to meet his client (Montshiwa) while drank. Instead, he opted to postpone their meeting to the next morning. Unfortunately, he says, he received a call from their mutual friend that Montshiwa had been shot and killed.
The case, which has had many twists and turns, with accused persons turning State witnesses, allegations of illegal cigarette smuggling made, and dealing with drugs, the court will finally put the matter to bed. Will Modise be found guilty or has the State failed to prove its case? The court will make its ruling on Friday.