Montshiwa murder: The wheels of justice turning slow
Pini Bothoko | Wednesday December 6, 2017 17:49
On Tuesday he hauled the prosecution over the ambers for deliberately dragging the case as they did not have evidence to prosecute his client, Modise David, a lawyer charged with the murder of Montshiwa. David appeared before Village Magistrate, Ike Raphel for mention.
His lawyer, Kgosietsile Ngakaagae expressed displeasure at the slow progress of the prosecutions’ investigations that seem not to be bearing fruits.
He said the case will soon turn two years, but surprisingly the prosecution is still dragging its feet with never-ending investigations.
“Every time when we appear in court, the prosecution tells the same old excuse of still busy with its investigations. I am tired of prosecution’s promise after promise because they are playing hide-and-seek with this court. Their say of ‘investigations are still ongoing, we are still tightening the lose ends’ is boring. I am not surprised that the state lawyer on this case, Ernest Mosate is not present in court today because this is one of his tricks to delay the case. I hereby order this court to order Mosate to appear before court, this month not next year and update court on the progress of their investigations,” Ngakaagae said.
Ngakaagae told the court that if the prosecution does not have evidence to prosecute his client, they should man up and withdraw the case, but if they claim to be having evidence they should account.
“My client’s life is on hold ever since his arrest. He can’t have a career whilst still in the dock. He is a lawyer, but he can’t stand here and defend another murder accused because he no longer had that dignity,” he said.
He went on to plead with the court to order the prosecution to release David’s passport so that he could travel whenever he so wishes and return it afterwards.
“I hereby plead with this court to order the investigating officer in this case, or Gaborone West police station commander or any officer having custody of my client’s passport to be ordered to avail it on my client’s request to travel. My client could have travelled last month, but failed to do so because prosecution failed to provide us with the passport. Mosate’s arrogance was shameful, hence the need for specific court order,” Ngakaagae said.
Representing State prosecution, Farayi Mahwite had told court that prosecution did not have any problem with the accused person being given his passport whenever he wished to travel.
“State does is not dispute with the accused person being given his passport for the purpose of his travel whenever he needs it, but he should make sure he returns it to the IO immediately after his return.
If the court sees it fit for Mosate to come and appear in person and account to defence’s complaints, I do not have any problem with that, “ Mahwite said.
Mahwite went on to reveal to the court that he has been advised and instructed by Mosate to update the court that loose ends on the investigations were being tied up and expected to be completed next year April.