FRANCISTOWN: There was a fierce argument on Thursday between the prosecution and defence attorney in the David Holland case over how the proceedings were continuing.
Holland, 36, is now charged with four offences after two of them were withdrawn. The Brit is now charged with common assault wherein it is alleged that he slapped his wife (Althea) on her face on April 20, 2023 and threat to kill wherein it is alleged on April 27, 2023, he threatened to kill his wife by placing a knife on her neck and uttered threat to kill words. Other charges are assault occasioning actual bodily harm contrary wherein it is alleged that he slapped and kicked his wife, resulting in bruises and injuries on April 27, 2023; and intimidation, wherein he is alleged, to have intimidated Monalisa Munguire by threatening to injure her family. Munguire is a founder of a non-governmental organisation (NGO) that assists people with mental health issues.
The NGO is also a haven for people who are facing gender-based violence (GBV) in their homes. The charges of dangerous acts with arms contrary in which it is alleged that on April 23, 2023, Holland engaged in dangerous acts with arms by discharging two shots from a 30.06 shotgun in front of his parents, and the unlawful possession of illicit substance act, levelled against Holland but have since been withdrawn. Holland gained notoriety in April 2023 when he allegedly held his wife hostage in his family home in Molapo Estates. Police negotiators had to talk him to free his wife and he relented after some days.
The defence attorney, Nkululeko Fuzwayo, argued that he was concerned about how the case was proceeding since one of the prosecution witnesses, Munguire “was the one who was driving how proceedings against Holland should unfold which was contrary to the law”. Fuzwayo added that the prosecution’s file is full of letters from Munguire which is a sign that she is the one who is behind the prosecution of his client. Fuzwayo also told Principal Magistrate Tshepo Magetse that he had managed to get a screenshot of the letter from Prosecutor Gasemotho Pitlagano but he didn't read the whole contents since the document is privileged. In law, "privileged information" refers to confidential communications between a client and their lawyer that are protected from disclosure in legal proceedings, meaning they can't be forced to reveal this information in court due to the legal principle of "legal professional privilege". “When we last appeared before this court, I indicated that the complainant in the remaining charges save for the one involving Munguire has left for the United Kingdom (UK) with the accused’s children to seek asylum. The complainant (Althea) left for the UK with the full knowledge that her husband is facing charges related to her and she is happy about that... In terms of the law, the prosecution shouldn't be controlled by a witness... The privileged letter dated July 19, 2024, written by Munguire to the prosecution is the one behind the accused’s prosecution... Issues regarding the relocation of the accused’s wife should be left to the police. “We, therefore, plead with the court to direct the prosecution to desist from talking to Munguire,” said Fuzwayo. In response Pitlagano said the prosecution is entitled by law to talk with Munguire since she is one of their witnesses in the matters before the court. “We have the right to contact Munguire. When the defence attorney started his argument, he stated that he had evidence to the effect we got instructions from Munguire but he failed to avail that evidence,” Pitlagano argued.
“Instead, he cited a letter from Munguire which is privileged. All in all, we are not getting instructions from Munguire but we concede that we met her on Wednesday so that she can tell us if Althea has relocated from Botswana and whether she has gone for good and will not be able to attend trial. Munguire is the one who was taking care of Althea hence our communication with her.” In a short ruling, Magistrate Magetse said his court would not be swayed by actions that fall outside the judicial proceedings at hand since Thursday’s proceedings were set for plea-taking and Case Management Conference (CMC). Holland then pleaded "not guilty" to all the remaining offences. Trial dates in the matter were set for March 7 and 31, 2025. Holland, who was last week incarcerated for absconding from court, will make a fresh bail application on February 6, 2025.