Kgosi will face trial
Mpho Mokwape | Friday December 13, 2019 15:24
These are Regional Magistrate Masilo Mathaka’s utterances as he took the court audience through an imaginary theatrics that might happen if he allowed the State’s wish to arrest former head of Directorate of Intelligence and Security (DIS), Isaac Kgosi.
On Tuesday Masilo ruled against State’s application to execute the warrant of arrest for Kgosi after the ex-spy chief allegedly breached his bail condition. Masilo was of the view that any attempt at enforcing the warrant was going to be viewed as a stunt - and a bad one at that.
This was after the police last week failed to arrest Kgosi upon his arrival into the country forcing the State prosecution into a tight corner to save face.
Masilo explained that the State should forget about the warrant as it had been overtaken by events, especially that it was issued for the police to apprehend and bring the accused to court for him to show cause why his bail could not be taken away.
“It is a fact that the warrant was not executed. The accused person came to court of his own volition. If one insists on the warrant being executed at this point in time, one wonders how that will play itself out,” he averred.
Masilo said despite Kgosi’s violation of his bail condition, he (Masilo) had no doubt that he will face trial considering the nature of the charges the latter was facing. Also, Masilo continued, Kgosi presented himself to court after he was cleared to travel by his medical doctor and he had explained reasonably his absence.
He noted that in his view, Kgosi will not run away, also as he had travelled to South Africa before the ruling and came back.
However, Kgosi did not escape the Magistrate’s reprimand as he told him that he cannot just leave without permission.
He said since September 2019, the accused was in Israel not Malaysia as it was known and that he did not bother to tell anyone, not even his attorneys that he was undergoing hydro-therapy which was a blemish on his character.
Following the discharge of the bail, Masilo ordered that Kgosi pay cash bail of P10, 000 in place of the bond that was ordered on May 23, 2019 being the variation of the bail condition.
Also, the two sureties who stood and signed bail bond for the accused were released and the condition was to the effect that he provides two sureties who shall each deposit with the court the same amount.
Kgosi was also ordered to surrender his passport to the police and ask for it from them when he travels.
The case has been set for January 24, 2020 for status hearing. Kgosi, who is accused of exposing DIS agents to the public, is facing two counts, one being the prohibition of disclosure of identity of the agents while on count two he is charged with obstructing officers and support staff.