State seeks to amend Kgosi charges
Mpho Mokwape | Monday February 28, 2022 06:00
During his mention this week, the prosecution indicated that it would like to amend the charge sheet that currently has six charges, which include possession of ammunition and forged passports.
Though Sifelani Thapelo, the substantive prosecutor for the case was not present, the State made the intention clear and sought a further date so that a new charge sheet could be prepared for the next court appearance. However, Kgosi’s defence attorney, Thabiso Tafila, was not impressed with the State’s conduct of wanting to drag the case. He questioned why the State rushed to register the case and only to later delay its progress with issues that do not even take time to deal with. “It's like the case is still under investigation. Why did they rush when they knew investigations were still underway? They want to amend the charge sheet, it doesn’t even take a minute to do so, why do they want more time? I have noticed the state of my displeasure but I will leave it to court,” he said.
Tafila also said since the start of the case, there has not been any exchange of statements nor have they been served at least with a list of witnesses. In the case, Kgosi is charged with six counts relating to the accusation that he is undermining the national security of Botswana, an act which was prejudicial to the interest of the country contrary to the National Security Act. According to the current charge sheet, in count one, the ex-spy boss is accused of being in possession of three armoured vests closely resembling those of the Botswana Police Service without lawful authority while in count two he is accused of being in possession of military uniform closely resembling that of the BDF. Particulars of the two offences are that Kgosi was on or about October 24, 2021 found in possession of the said items without lawful authority. In count three and four, he is accused of being in possession of battle vests and tactical backpack closely resembling those of the DIS and being in possession of forged or irregular official documents purporting to be specimens of and a passport of Botswana without lawful authority.
The particulars of the offences are that on or about October 24, 2021 he was found in possession of two battle vests and two tactical backpacks while also being in possession of one passport in the name of Lerato Hilton purportedly issued by the government of Botswana and three Botswana passport specimen, two in the names of Ian Khama and one in the name of Alicia Keys issued by Vlatacom Ltd. Further, in count five and six, Kgosi is accused of being in possession of a forged or irregular official document purporting to be a national identity card of Botswana and being in possession of ammunition without license.
According to particulars of the offence on possession of ammunition, he was found in possession of 15 rounds of ammunition, 45 centre fire cartridges (high velocity), 100 centre fire cartridges (38 special) and 39x. 38 special cartridges (plastic training) without a licence. Kgosi has denied the charges in one of his court appearance explaining that some of the items especially the military uniform was his as he was allowed to take the uniform when retiring from the force and that he was allowed to possess some items due to his job as a spy chief. The former spy chief had also explained that some of the items belonging to DIS were to be collected from him by the spy unit and that it was a known fact as they had previously communicated with the unit for collection. Meanwhile, in another case in which Kgosi is accused of taking photographs of security agents, it was pushed to a further date as the defence said they made an application to be furnished with further particulars.
His attorney, Unoda Mack, told the court that they have been requesting further particulars from the state to no avail. “The case was scheduled for arguments but we still need the state to answer our request. There has been an attempt to answer our request and we are not happy with the response,” he said. The Regional Magistrate, Masilo Mathaka informed the parties to file written submissions on particulars so he could address it before the substantive case proceeds to arguments.
The issue of further particulars has been ongoing as last year Kgosi had made an application for all of his charges to be dropped as he argued that the state had failed to provide him with further particulars to prepare for his defence. Kgosi currently remains with a lesser charge of which he is accused of obstructing the officers from carrying out their duties. Kgosi, who is accused of breaching the DIS Act by exposing the security agents, was initially facing two counts of prohibition of disclosure of identity and obstructing officers and support staff. He is due in court on April 21, 2022.