State amends Kgosi charge, withdraws appeal
The prosecution has introduced a new amended charge against former spy chief, Isaac Kgosi in an ongoing case in which he is accused of contravening the DIS Act by exposing security agents to the public.
In the new setup single count, he is now charged with Obstructing Officers and Support Staff.
The particulars of offence are that on or about February 18, 2019 at Extension 5 Gaborone, Kgosi obstructed an officer of the Directorate of Intelligence and Security in the due execution of operative’s duties.
Initially, the charge sheet referred to another person who was established to be a police officer and where prosecution was asked by the Court to remove his name from court paper, as he was not a DIS employee.
According to the Intelligence and Security Act, if one is found guilty he or she is liable to imprisonment of a term not exceeding three years. “A person who assaults, resists or obstructs any officer of the Directorate or any person acting under the direction of such officer in the due execution of his or her duties under this Act, shall be guilty of an offence and liable to imprisonment for a term not exceeding three years,” reads the Act.
The amended charge sheet follows after Broadhurst Magistrate’s Court dropped another charge against Kgosi, in which he was accused of taking photographs of security agents. He was accused of taking the photographs and then sharing them with a local publication for printing. Chief Magistrate, Lenah Oahile-Mokibe had quashed the charge of prohibition of disclosure of identity on grounds that the state failed to bring adequate evidence to prove its case. On Monday, during a Court appearance, state prosecutor, Thato Dibeela indicated that they are also withdrawing the appeal application filed at Court.
“The plaintiff hereby withdraws the appeal against the respondent,” reads notice of withdrawal. The prosecution’s intent to appeal was earlier this year when they filed an application for condonation for late filing of the matter.
“We had decided to appeal the ruling made and since we intend to file out of time we have filed an application for condonation,” she said.
However, Kgosi’s defence team of senior attorneys Thabiso Tafila and Unoda Mack was not happy with the State’s intentions saying the court should not entertain such as the appeal should have been filed at the High Court not Magistrate’s Court.
The team also said it was not even sure the state has merits to its application as to why it wants to lodge an appeal out of time when it was given enough time to file if it so wished.
Kgosi had last year applied for all his charges to be dropped.
The case will be back in court on July 8, 2021.