State calls off DIS/DCEC dispute case
Mpho Mokwape | Thursday June 23, 2016 18:00
Magapa, who was in 2013 busted by the Directorate of Intelligence and Security (DIS) for bribery, has been on suspension and was facing a single count of corruption.
The officer was part of a team investigating DIS director general, Isaac Kgosi for corruption, abuse of office and a host of other offences.
“The case is here for continuation, but the DPP has sanctioned the withdrawal of the matter from court because we do not have enough evidence to continue with prosecution,” said prosecutor Obakeng Tlhaodi when withdrawing the matter.
Tlhaodi then assured the court and defence lawyer, Dick Bayford that the withdrawal meant that the accused was acquitted and discharged and that no further prosecution would be instituted against him. Before the matter was withdrawn yesterday the ball was already in motion as the case had started before the regional magistrate. According to the documents that were before court and the particulars of the offence, Magapa on or about April 17 2013, at Mogoditshane whilst employed as an investigator by the DCEC, hence a public officer, directly solicited cash from Somali businessman, Mohammed Ali.
Ali who at the time was being investigated by the DCEC was to in turn receive confidential information, which the accused had access to by virtue of being a DCEC employee concerning the progress of the criminal investigation against him.
Former DIS officer, Kagiso Patrick, already on the stand was cross-examined by Bayford.
The court had heard that Patrick was part of a sting operation against Magapa and at the time of adjournment, had already led evidence detailing how in 2013, Magapa was tracked down, arrested and later charged with corruption in what appeared to be a DIS job.
Moreover, Patrick who in April 2013 held the position of assistant intelligence officer at DIS revealed that around that time he received information from Ali, operating as Jan Holdings (Pty) Ltd in Mogoditshane, that Magapa was soliciting bribes from him under the pretext that he (Ali) was under investigation by the DCEC. Ali said that Magapa had offered to stall the investigations or favour him with privileged information pertaining to the case only if Ali paid him money.
According to Patrick’s evidence Magapa had been for some time soliciting bribes from Ali on several occasions until he (Ali) decided to report him to another DIS officer.
He then detailed how the DIS had planted a setup against Magapa who fell straight into their trap. He also revealed during cross-examination that Ali has a previous relationship with the spy agency as an informant, who in the past successfully helped the organisation in human trafficking cases. Bayford was also expected to call DCEC director, Rose Seretse to the stand to give evidence in what could have shed more light on the relationship.