Drama played out Friday afternoon as former Director General of the Directorate of Intelligence and Security Services (DIS) Isaac Kgosi apparently trying to evade arrest played cat and mouse with security officers.
Kgosi was ultimately dislodged from his hideout, a small store-room at his lawyers’ offices where he was holed up.
The former DIS boss who was under heavy DIS escort throughout the court proceedings, was supposed to have been arrested and sent to jail immediately after the judgment was delivered.
Kgosi however managed to shake off his sentinel. After his bail was cancelled, he walked out of the Broadhurst Magistrates courtroom with his lawyer Unoda Mack on tow while the prosecution was still processing his remand warrant – and never came back.
A frantic search for the former spy chief shifted from a cast around the Broadhurst Magistrates Court premises to a city-wide manhunt, allegedly after his other lawyer, Thabiso Tafila claimed ignorance of his whereabouts.
The manhunt that spanned the Broadhurst Magistrates Court premises and his house in Phakalane Estates converged at Thabiso Tafila Attorneys following a tip off that Kgosi was seen getting into Unoda Mack’s Toyota Fortuner.
It is understood that his lawyers, Tafila and Mack who were harboring him at Thabiso Tafila law firm offices told the police officers that they did not know where he was. For some time, Kgosi’s lawyers and police officers were locked in a standoff while the former DIS Director General had barricaded himself inside the law firm’s storeroom. The lawyers allegedly insisted that the police officers produce the remand warrant before surrendering Kgosi to them.
The police officers, none too pleased with the hide and seek threatened to bring down the store-room door behind which Khosi was hiding. It was only after the remand warrant was produced that the lawyers released Kgosi to the police.
In his judgment, revoking Kgosi’s bail High Court Judge Michael Motlhabi said Magistrate Makgoro did not take into account the balancing interest of the parties.
“From the court’s ruling, it is not apparent whether the 1st Respondent (magistrate Makgoro)) in her decision, took into account, and balanced the competing interests of the parties which are central in consideration of bail applications,” said Motlhabi.
The judge said the state has made out a case to have the proceedings before the magistrate reviewed and set aside, since the irregularities cannot be cured without prejudicing the Applicant (DPP).
“I appreciate the applicant’s concerns and sympathise with their anxiety but they have failed to make out a good case for the remand of the accused. On perusal of the documents filed on record, the submissions made and applying my mind to the applicable law, I hold that the applicant has not succeeded in showing that the respondent cannot be entrusted with bail,” judge Motlhabi
He said the trial court is best equipped to deal with the quality and sufficiency of the evidence gathered to determine the matter. Motlhabi said the High Court in review proceedings ought not to usurp the jurisdiction of the trial Court, and trespass onto the arena of trial, by determining the sufficiency or otherwise of the evidence to be presented in the matter.
“Bearing in mind these principles, I am persuaded that this is a proper case to exercise the Court’s inherent powers for review, given the impact that the trial Court’s ruling, if incorrect, would potentially have on the Applicant’s case,” Motlhabi said.
The judge then ordered that the Application for review is allowed and the magistrate’s decision to release Kgosi on bail is reviewed and set aside.
He also ordered the Regional Magistrate to assign the matter to a different magistrate on or before Monday 8 November 2021.
