The State has claimed having a “headache” in a case of obstructing operatives on duty by the former Directorate of Intelligence Services (DIS) boss Isaac Kgosi.
“My worship, we had a long meeting yesterday about this case and it is giving us a headache, hence our delay in serving Kgosi’s lawyer up to date. The case is really giving us a headache at the [Department of Public Prosecution] DPP,” said Moseki.
Principal Magistrate Gaseitsewe Tonoki of Broadhurst Court was not amused by the DPP’s line of defense and wondered why the prosecution couldn’t buy “Grandpa” tablets to relief themselves from the “headache”.
Tonoki instructed the DPP to expedite the matter and stop using headache excuses.
When asked to say something Kgosi, who was representing himself, said his lawyers were not in court because they were not aware of the Administration of Justice decision on the matter especially that a lockdown was announced Thursday midnight.
Kgosi, through his lawyer Thabiso Tafila, has demanded to be furnished with evidence especially the identities of DIS operatives and the pictures taken of them.
The former spy boss is accused of leaking to the media the identities of DIS operatives who were involved in a covert intelligence operation last year.
The state wants the matter to be committed for trial while defence lawyers are demanding more evidence before such can happen.
Appearing before the Broadhurst Magistrates Court on Friday State prosecutor Boikobo Moseki told the court that they have been unable to serve Kgosi with further particulars relating to “evidence” requested by Kgosi’s lawyer before the matter can be committed for trial.
In his affidavit, the Director of the Cyber Forensic Branch at the Botswana Police Service (BPS) headquarters Kealeboga Keediretse has exonerated the former spy boss from any wrong doing. But the state wants the matter to be committed for trial while the defense lawyers want the matter to be dismissed.
“Having performed my examinations, I have reached a conclusion that the devices (two iPhones) from Kgosi which were examined) expose nothing which I received for analysis do not contain any evidence in relation to this matter. There is no indication that they were used to take pictures,” said Keeditse.
According to the charge sheet, count number one of the offence is the prohibition of disclosure of identity. The particulars of the offence are that the accused person, Kgosi, between February 18 and 25, 2019 in Gaborone took photographs of officers as well as the identity cards of the officers engaged in a covert DIS operation. On count two, he is charged with obstructing officers and support staff.
Magistrate Tonoki deferred the matter to 27 August 2020 for status hearing.