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Why The Rush, Prosecutions Asks David

PINI BOTHOKO
The late Michael Montshiwa
Prosecution in a murder case of former Fairgrounds chief executive officer (CEO) Michael Montshiwa pleaded with the accused, Modise David and his attorney for patience as investigations into the matter are still ongoing.

This followed a complaint by David, through his attorney Kgosietsile Ngakaagae, who accused prosecution of deliberately dragging the case something, which to him shows that they do not have evidence to prosecute his client.

Appearing before Village Magistrate, Ike Raphel State prosecutors Ernest Mosate and Moitaly Dikgokgwane pleaded with David to be patient as investigations of a murder requires a bit of time.

“I heard defence’s submissions pointing out a concern that our investigations into the matter is slow and the accused person is suffering in the process as he is no longer practicing. I believe that the accused person and his lawyer are aware of the law and remedies needed to pursue and procedures or steps needed to investigate a murder case.

It is matters like this that we should give it due diligence and attention to be attended to. In the past as DPP after a mitigation not to interfere with the accused persons’ right to liberty we relaxed the accused persons’ bail conditions. We thought that it will allow prosecution time to do its investigations without being pressured,” Mosate said.

He said that they are not stopping David from practising.

“There are procedures that are yet to be taken, hence we cannot stand here and lie by saying investigations into the matter have been completed. I have integrity, hence can’t lie before court. I will stand here and speak nothing but the truth, but if they want to mention every week or every month that can de done.”

Mosate went on to express a worry over the accused person’s attorney who

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was threatening him during his absence and summoning him to court with court orders.

Dikgokgwane stated that the wheels of justice drive slowly, therefore defence should be patient and allow prosecution to give the case the attention it needs, as they cannot sacrifice essential ingredients of justice.

“We do not want to leave any stone unturned. Prosecution cannot run over this case because it involves the life of an individual that was taken so savagely. By April (next year), we would have advanced to satisfactory stage, what’s the rush from the accused person, prosecution cannot run at the speed of a bullet, why complain of mentions whilst we are talking about live of an individual. Investigations into matters like this requires time to be further investigated,” Dikgokgwane said.

Standing on the absence of his attorney, David expressed a worry that the matter was postponed several times with prosecution giving court the same explanation time and again.

“Does that mean this court does not have control of the matter as we continue to be mentioning without progress, what if they continue saying this and I will mention for 10 years without any development into the case,” David said.

Magistrate Raphel interrupted to advise the accused person that usually murder cases take longer to be investigated.

“I have never seen a murder case that was completed in two years’ time. Usually they can take three to four years, hence the need for defence to be patient and allow prosecution to conduct its investigations,” Raphel said.

David is due in court next year April 27.



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