My clients didn’t kill Montshiwa - Attorney

Defence lawyer in the murder case of the late Fairgrounds Holdings Chief Executive Officer Michael Montshiwa, has argued that his clients should be charged with illegal possession of a gun.

Bampoloki Seeiso of Bobididi ward in Mogoditshane and Tumelo Tshukudu of Phase I in Gaborone West were arrested in connection with the murder of Montshiwa last month. The defence lawyer Enock Mazonde made the argument during a bail application by his clients before Village Senior Magistrate, Ike Raphael.

They were denied bail. Mazonde said the investigating team had no solid grounds to further remand the accused. Mazonde said it is unfair for his clients who should be charged with possession of illegal firearm to be remanded in custody while the main suspect, David Modise is out on bail.

He said since the last appearance of 29th December 2015, the team had not attended to his clients until the 7th January when they took the second accused. “With the alleged sensitivity and seriousness of this case, a lot could have been done from the last time we were here including searches at the accused’ places of abode. But that has not been done,” Mazonde argued.

The state prosecutor, Ernest Mosate had earlier told Magistrate Raphael that certain discoveries have been made and that investigations were still at a sensitive stage and incomplete. Mosate said that he could not disclose the discoveries to court as they could jeopardise the investigations and that another suspect was still at large.

Mosate argued that the accused should not be released because of ongoing investigations that are highly sensitive. He also told court that they have certain disclosures that they are not ready to reveal in court because they could jeopardise the investigations. He said the accused could only be released once the investigations are complete. Mosate said they have made certain discoveries that he was reluctant to reveal in court. “The friend to second accused is still at large,” he said.

Delivering his ruling, Raphael said he had considered the gravity of the offence, interference with investigations and strength of prosecution case. He also said he considered the interest of the society. The accused are expected to appear again next week Tuesday before the same Magistrate for mention.

According to the charge sheet, the duo and two others who were not before the court on or about October 18 2015 in Gaborone, acting together and in concert murdered Montshiwa.
In the last court appearance, Investigating Officer (IO) in this matter, Detective Superintendent Sergeant Marapo, revealed that the rifle which was used to kill Montshiwa, was bought from Seeiso by another accused, Modise, with the assistance of Tshukudu.

Modise has since been granted conditional bail of P10 000 on Christmas Eve by the same court. He was  Montshiwa’s attorney. The IO indicated that prior to the purchase of the rifle, Tshukudu and Modise allegedly travelled to Mafikeng in South Africa to buy a pistol for Modise’s self-protection.

He said this however, could not materialise as the person whom they wanted to buy the gun from did not show up. The court heard that Tshukudu advised Modise to buy a rifle from Seeiso which he did at a cost of P2 500.

According to Marapo the rifle was delivered on October 17 2015, prior to the day Montshiwa was shot at his house in Block 6 in Gaborone. When the gun was delivered, another suspect, who is a male South African national, Wilfred Mpolokeng was reportedly in Botswana including on the night of the shooting and has since crossed to his country, said the IO. Marapo told court that the two men cannot qualify for bail as they are currently before Broadhurst Magistrate Court charged with robbery, breaking into a car and theft common. He said they have missed some mentions and had warrants of arrest on their names.

Modise on the other hand is facing two charges of murder and stealing by agent. Marapo told court that Modise was the last person to communicate with Montshiwa, 28 minutes before the fatal shooting. He explained that police investigations revealed that between June 30 and October 17 2015, Modise who was Montshiwa’s attorney, withdrew about P245 000.

The money, the IO said, was entrusted with Modise for the purchase of a plot for Montshiwa in Mogoditshane. 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 in which he was killed, said Marapo. Modise will appear for another mention on January 25, 2016.