Magistrate gives State ultimatum in Kgosi photo case
Mpho Mokwape | Monday April 25, 2022 06:00
The ex-spy man made an application seeking further particulars for his defence on the remaining lesser count where he is accused of obstructing the officers from carrying their duties. Magistrate Mathaka yesterday said the State had seven days to furnish Kgosi with the particulars he needs as he does not see how the State would not want to disclose such information to the accused. “In all the particulars I have pointed out, you have seven days to have furnished the accused.
I will be taking over this case because it has stalled for long and needs to be disposed off,” he said. He gave the firm ruling as he explained that the State should not be hiding behind the fact that the information the former spy chief was seeking was classified. Mathaka said the State went to court to say the Directorate of Intelligence and Security (DIS) director-general Peter Magosi said the information could not be shared because it is classified was not enough reason, as they did not give any evidence to that effect. “For you to say Magosi is saying it’s classified information without giving much evidence is not enough. Those particulars need to be given to him,” he pointed out.
Meanwhile, Kgosi was initially charged with three counts including taking photographs of officers as well as the identity cards of the officers engaged in a covert operation undertaken by the DIS and that the information was published in the Mmegi newspaper. The charges were later dropped and he now remains with one count of obstructing officers, on which it is alleged that on or about February 18, 2019 at Extension 6 obstructed x and y who are officers of the DIS in the execution of their duties by verbally assaulting them.
The State alleges that Kiosk exposed names and images of the employees who allegedly harassed him. However, Kgosi has denied the allegations and claimed that on February 18, 2019 he went for physiotherapy and two officers followed him into the clinic where they aggressively demanded from the receptionist that they be taken to him.