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Montshiwa's murder case for roll call in 2020

Justice Mothobi PIC: MORERI SEJAKGOMO
 
Justice Mothobi PIC: MORERI SEJAKGOMO

In the long dragging matter, attorney Modise David and Tumelo Tshukudu are implicated in the murder of Montshiwa.

David is also facing another change of stealing by agent. In court on Wednesday, David’s co-accused Tshukudu appeared alone as the court heard that David’s pro deo counsel said they were not aware of the court date.

“Today’s appearance is to set trial dates. The first accused is not in court. We have contacted his pro deo counsel Jabu Christian Oteng. He told us that he didn’t receive notice of today’s hearing despite this notice instructing the parties to present in court today,” said prosecutor Moagi Ndlovu.

Due to this, Justice Mothobi said the court could not proceed in the absence of the first accused and his counsel.

He then postponed the matter to February 18, 2020 stating that it was then when he will give directions as to how the matter should proceed.

“In the absence of the first accused, I set down the matter for roll call on February 18, 2020. Then I can give directions on in terms of Order 68 of the Rules of the Court,” Mothobi ordered.

Meanwhile, the court also heard Tshukudu has elected to consult Enock Mazonde as counsel of his choice, meaning that he will no longer need a pro deo counsel.

A pro deo counsel is a lawyer who takes the case of the accused person in criminal matters or a lawyer assigned to accused persons in murder cases and any other cases, which have constitutional connotations.

Montshiwa was gunned down in 2015 at his house in Block 6, Gaborone. Details still remain sketchy on what could have transpired on that fateful night, but it is said that David was allegedly the last person to communicate with Montshiwa minutes before the CEO’s fatal shooting in Block 6, Gaborone on October 18, 2015.

In one of the previous court appearances at Village Magistrate’s Court, Investigating Officer (IO) in this matter, Detective Superintendent Sergeant Marapo told the court that police investigations revealed that between June 30 and October 17, 2015, Modise who was Montshiwa’s attorney, withdrew about P245,000.

The money, the IO said, was entrusted to Modise for the purchase of a plot for Montshiwa in Mogoditshane.