After managing to evade the long arm of the law for years, Directorate of Intelligence and Security Services (DISS) Director General Isaac Kgosi’s character will finally be on trial in a defamation case in which he is suing the Botswana Gazette newspaper for P2 000 000.00 ( Two Million Pula).
For the first time since reports of Kgosi’s alleged corruption started making newspaper headlines, the DISS Director General will be forced to publicly answer to the alleged criminal offences for which he was investigated by the Directorate on Corruption and Economic Crime (DCEC).
Bayford’s and Associates; the law firm representing the Botswana Gazette last week filed a notice with the High Court to adduce evidence on Kgosi’s character.
According to the notice, the evidence intended to be adduced is on Kgosi’s “general character as a person who is predisposed to, or who has been investigated by the Directorate on Corruption and Economic Crime (DCEC) for criminal offences including: corruption, obtaining by false pretences, stealing by person employed in the public service, cheating, abuse of office, possession of unexplained property and money laundering.”
Further that Kgosi is, “a person of ill-repute who commits or has committed the offences aforesaid; generally perceived by the public as a person who has committed the said offences; threatens or has threatened officers investigating him for the offences aforesaid.”
Dick Bayford of Bayford’s and Associates earlier this month wrote to the DCEC Director General Rose Seretse informing her that she and other DCEC officers who were investigating Kgosi will be subpoenaed to give character evidence on the DISS Director General. Bayford also stated that Seretse will also be subpoenaed to produce to court Kgosi’s docket as evidence.
Bayford pointed out that Kgosi was investigated by the DCEC for a number of alleged criminal offences and in the course of the investigations the DISS boss engaged in conduct that Seretse “perceived to be intimidating or threatening” to DCEC investigators who were investigating the DISS Director General.
“Evidence of the foregoing and the contents of DCEC docket DOC/IF/2011/01166 is material for the proper determination of” Kgosi’s legal action against the Botswana Gazette. “For this reason, a Subpoena shall in due course be issued for you and the investigating officers’ attendance as witnesses and for the production to court of the docket as evidence.”
“However, as part of the pre-trial case management process, our client is required to discover the documentary evidence they intend to rely on and summaries of the intended witnesses by 21st October 2015. In light of the foregoing, kindly advise on the following; the particulars of the investigator(s) involved in the investigations in respect of DOC/IF/2011.01166; the particulars of the offences investigated against plaintiff (Kgosi) and whether the said docket is presently in the custody of DCEC. If not, please advise who the present custodian is;
“In order that we meet the Defendants’ pre-trial obligations and in the event the docket is in your custody, we require access to the same. Please advise as to when this may be done, bearing the deadline aforesaid. Kindly revert on the matters raised above, latest 12th October, 2015 and for this we thank you in advance.