Since the defence had reconsidered its position on the matter the prosecution represented by prosecutions counsels Thebeetsile Mulalu and Moffat Dick read the statement of facts. Mulalu alleged that on the fateful night the deceased person, Tseo Mbunyane, Aleck Mathina and one Mmateko Mathina were at Masarwa depot in Jamataka entertaining themselves. The accused person was also in attendance. All of them were drinking Chibuku.
"It happened that whilst they were there the deceased and Aleck Mathina went outside the bar where they met the accused person. The accused person then confronted the deceased and Aleck accusing them of being in the habit of provoking him just because he is a Zimbabwean.