Justice Zein Kebonang of the Gaborone High Court has acquitted and discharged the second accused person in the murder of former Fairgrounds Holdings Chief Executive Officer, Michael Montshiwa.
Montshiwa was killed in cold blood in October about eight years ago and his lawyer, David Modise, and his acquintance, Tumelo Tshukudu, were dragged to court to answer for charges of murder.
The court heard that the duo, on or about the 18th of October 2015 in Block 6, Gaborone, murdered Montshiwa.
However, last week on Friday, Kebonang acquitted and discharged Tshukudu, who is already serving a 10-year imprisonment sentence for robbery.
In the second count, it is alleged that Modise, between the 30th of June and 17th October 2015, stole P245 000 belonging to Montshiwa, which came into his possession by virtue of being his lawyer.
The money, according to the Investigating Officer, Detective Senior Superintendent Sergeant Marapo, was entrusted to Modise for the purchase of a plot for Montshiwa in Mogoditshane.
It is alleged that when Montshiwa realised that the money was missing from the trust account, he communicated with Modise, demanding to see him at his house on the night he was killed.
It is alleged Modise bought a gun similar to the one used to shoot and kill Montshiwa from Seiso on the 17th of October, 2015 with the assistance of Tshukudu for P2,500.
Tshukudu allegedly confessed to the police that he went to Mahikeng with Modise on two occasions in an attempt to purchase a pistol from one Wilfred Mpolokang for self-protection. It is further alleged Tshukudu referred Modise to Seiso, who was selling a 30.06 rifle.
The court also heard that the rifle was sold in Gaborone West and was handed to Modise on the day Montshiwa was gunned down.
During trial, Modise’s attorney, Ofentse Khumomotse, argued that there was no evidence that his client committed an offence of stealing by a servant. He said Montshiwa had not reported any case of theft.
Delivering the judgment, Justice Kebonang acquitted and discharged Modise of the second offence of theft. He, however, ruled that Modise has a case to answer for the count of murder.
‘In respect of the murder charge, I am satisfied that a prima facie case has been established by the state which requires that the 1st accused be put to his defence,’ said Justice Kebonang before he ordered that trial resume on March 11th.
