Village magistrate Ike Raphael has given the prosecution in the murder of former chief executive officer of Fairground Holdings, Michael Montshiwa more time.
Raphael decided yesterday to grant - in their absence - both the substantive prosecutor and the suspect’s attorney more time to decide if they are going ahead with the case against accused, Modise David.
Raphael said that he was forced to schedule a return date for the matter in two months so as to give the state more time to finalise the outstanding issues they presented to court in their previous appearance. Attorney Kgosietsile Ngakaagae represents the accused while Mathogonolo Shatie represents the State in the matter. Raphael said that the State should be in a position to tell the court of their decision relating to this case when the matter returns to court in two months’ time.
“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,” he said.
In the previous court session, Shatie had asked to be given time, as they were waiting for the ballistic report. Shatie had also stated that it is only after receiving the ballistic report that the state would determine whether to prosecute the accused or withdraw the matter.
Without representation, David agreed with the Magistrate that the matter should sit in another two months. However, he pointed out that the matter has been dragging for a long time, adding that the State should tell the court if they are pressing ahead with the charges or not. David is facing two charges of murder and theft. It is alleged that David was the last person to communicate with Montshiwa, 28 minutes before his fatal shooting in Block 6, Gaborone in the evening of October 18, 2015.
The investigating officer in the matter detective superintendent Sergeant Marapo had told court in one of the court appearances that investigations revealed that David was Montshiwa’s attorney. Marapo said that between June 30 and October 17, 2015, David withdrew about P245,000 from an account that was entrusted to him for the purchase of a plot in Mogoditshane on behalf of Montshiwa. As the accused, David is out on bail following his arrest in December 2015.
The Magistrate, Raphael, set the case to return for status hearing on April 24, 2017. He also raised concern that the matter has been dragging in the court.