Prosecution relaxes David�s bail conditions
Goitsemodimo Kaelo | Tuesday April 25, 2017 17:00
David is facing two charges of theft and murder of Montshiwa who was shot dead at his Block 6 residence in October 2015. He (David) is currently out on bail.
Yesterday, State prosecutor, Ernest Mosate of the Directorate of Public Prosecution (DPP) made changes to the accused’s bail conditions and asked for more time to assess the case before determining the way forward.
He told the Court that in discussions with the defence, they have agreed to ease the reporting conditions to allow the accused to report once on the eve, June 27, of the next mention.
He also said with regard to the accused’s passport, they will take it up with the Investigating Officer (IO) to get his input. “With regard to the passport issue, we will take it up with the IO to get his input then we will advise the Court on what has to be done,” said Mosate.
Yesterday, village Magistrate, Gaone Bagopi granted the prosecution adjournment to June 28, 2017, causing more delays to the case. State prosecutors had pleaded for more time to conclude their assessment of the case before determining the way forward. Mosate pleaded with Bagopi for another mention date in two months.
“We humbly request another mention date to conclude our assessment of the case. We propose the matter returns on June 28, 2017. We hope that all would have been concluded,” said Mosate.
In the previous Court appearance in February, Magistrate Ike Raphael granted the prosecution two months to assess the case and determine if they are going ahead to prosecute the accused. “I want the State to be able to tell the Court exactly what they want to do with this matter.
They should finalise the outstanding issues and be in a position to say whether they are moving ahead with committal or they want to withdraw the charges,” said Raphael in the previous Court appearance.
The prosecutor had asked to be given time, as they await the ballistic report. The prosecution had said that it is then, after receiving the ballistic report, that the State would determine whether to prosecute the accused or withdraw the matter.
It is alleged that David was the last person to communicate with Montshiwa, 28 minutes before the fatal shooting in Gaborone on the evening of October 18, 2015.
The IO in the matter, Detective Superintendent Sergeant Marapo had told Court in one of the Court appearances that investigations revealed that between June 30 and October 17, 2015, David who was Montshiwa’s attorney, withdrew about P245,000 from an account that was entrusted to him (David) for the purchase of a plot for his client in Mogoditshane.
Attorney Kgosietsile Ngakaagae represents David in this matter.