BY THOBO MOTLHOKA
The Broadhurst Magistrates Court has granted Former Director of the Directorate of Intelligence and Security (DIS) Isaac Kgosi temporary breathing space following a warrant of arrest issued against the former spy boss.
Kgosi, through his lawyers Thabiso Tafila and Unoda Mack filed an urgent application with the Magistrates Court seeking for the execution of the warrant of arrest issued against him to be rescinded or suspended.
In his founding affidavit the former Intelligence Director argues that the warrant was issued upon application by the police on false allegations that he has absconded with no intention to stand trial.
Kgosi says he filed an application on July 17, 2019 for variation of his bail conditions for the case in which he is being charged with exposing the secret identity of DIS agents.
“In the said application I made it clear that I have been experiencing excruciating back pain for some time since 2018 and on May 28, 2019 I was referred to a Doctor in Malaysia…”
Kgosi says he travelled to Malaysia on May 28, 2019 and following examination, it was decided that he remains in Malaysia for at least six weeks while undergoing certain procedures, and possibly for longer if he undergoes surgery.
“It was on account of this situation that I could not return to Botswana in June 2019 to report to the Broadhurst Police as ordered by Court or to comply with my bail conditions.” Kgosi says his medical situation was placed on record at his bail hearing earlier in April, 2019 with the Court allowing him to keep his passport to enable him to seek medical assistance outside of Botswana.
The Prosecution on Friday, 26 July 2019 asked for the matter to be postponed to give them time to file their answering affidavit.
The Prosecutor asked for the warrant of arrest to remain in force while waiting for Kgosi’s urgent application to be heard by the Court.
“The attorneys for the applicant served upon the State the admission form for which authenticity and veracity cannot be proven hence we pray for the warrant to remain in force,” the prosecutor argued.
He said Kgosi’s lawyers failed to notify the Directorate of Public Prosecution (DPP) on time that their client would not be able to report monthly at Broadhurst Police in accordance with his bail conditions.
He said while crossing the border was not a breach of the bail conditions, it would have been prudent of the former DIS Director’s lawyers to inform the DPP of their client’s situation.
“Bail conditions are meant to be obeyed as Court orders,” the Prosecutor said. In his response counsel Mack said it was interesting how the Prosecution wanted the warrant to remain while waiting to file their affidavit.
He said the honourable thing to do would be for the Court to suspend the execution of the warrant of arrest against Kgosi pending the case and verification of the admission form. He said Kgosi had undergone surgery the previous day (Thursday July 25, 2019) as had been stated by the Doctor in Malaysia.
“The prosecution is being insensitive,” Mack argued. “How do you execute an arrest warrant for a man under his current condition? We have received pictures of him following surgery. Are they going to serve him with the warrant in his condition?”
Mack asked the Magistrate, Tshepo Thedi, to suspend the execution of the warrant until the matter is fully heard.
Thedi ruled in favour of the former spy boss, suspending the execution of the warrant of arrest ordered against Kgosi by the Broadhurst Magistrate Court on July 14, 2019 until the matter is heard on Wednesday July 24, 2019.
She also ordered the State Counsel Moseki to have served the applicant with their response by July 29, 2019. The particulars of Kgosi’s offense in relation to the DIS are that between 18th and 21st February 2019 at Gaborone …Kgosi took photographs of DIS officers engaged in a covert operation of the DIS and disclosed their identities to the Mmegi Newspaper which information was subsequently printed in the newspaper.