Modise David, a key suspect in the murder of Fairground Holdings CEO, Michael Montshiwa, will spend the Christmas holiday in jail with his co-accused Tumelo Tshukudu, after Village Principal Magistrate, Goodwill Makofi, ordered them to await trial in custody
David, 34, was served with the papers when he attended court for mention while Tshukudu, also 34, was served at prison where he is remanded for another case of armed robbery.
When the case started Tshukudu’s murder charges were withdrawn and state Prosecutor, Advocate Linchwe Tlhowe, told court that they now have enough evidence that link him to the case.
David has been on bail since 2015.
Last week Makofi issued a warrant of arrest for David after he failed to show up in court for mention.
He later on reported to the investigating officer Detective Senior Superintendent Marapo that he was not feeling well.
The new amended charge sheet was read before court indicating that the accused persons on the 18th of October 2015 at block 6 in Gaborone acting together and in concert murdered Montshiwa.
On another count, between the 30th of June 2015 and 17th October 2015 David is alleged to have stolen P245 000 belonging to the deceased.
The money came into his possession by virtue of being the attorney for the said Montshiwa paid into David and Company trust bank account to pay Kenosi Johannes Molapo from his client to purchase a residential plot at Mogoditshane.
David told court that he cannot respond to the new development in the new charge sheet since his lawyer Kgosietsile Ngakagae was attending another murder case at Lobatse High Court.
He asked court to postpone the matter but Magistrate Makofi told David that court cannot be held at ransom by his excuses.
He said the accused was aware that the case was to be registered at the high court.
He said David has missed court once and he realised it was just tactics to delay the matter.
Makofi ordered that the two accused be detained and await trial in prison.
Tshukudu’s lawyer, Enoch Mazonde did not oppose that the matter be taken to the high court for trial.
David has been given 14 days to appeal at the High Court if he is not satisfied with the court’s decisions.