Kgosi drags State to court
Staff Writer | Friday July 5, 2019 18:00
In his first correspondence to prosecutor, Thato Dibeela dated June 17, 2019 Kgosi’s attorney Thabiso Tafila wrote: “As you are aware, our client is suffering from an acute lower back pain with Sciatica, which condition deteriorated seriously in the recent past.
On May 28, 2019, he was seen by his physician, Dr MH Khan who after examining him, referred him to a doctor in Malaysia, a certain Dr Sivalingam Raja Gopal for further management. Dr Khan’s report and referral note is attached hereto for your information”.
Tafila stated that they have received a report from Dr Gopal detailing the steps and procedures that the former Director General of the Directorate of Intelligence and Security (DIS) has to undergo, which he enclosed with the letter he sent to the DPP.
“It is clear from the contents of the report from the doctor that the client will be away and out of the country for at least eight weeks, from June 11, 2019. Under the circumstances therefore, our client will not be able to meet his bail conditions, in particular the one requiring him to report to the police once a month as he will be out of the country.
The possibility also exists that he might not be able to attend court on July 23, 2019 when the case comes up for status hearing.”
He added that their desire was to approach the court at the earliest convenient date to advise it of the position and request for the variation of the bail conditions. “Please advise us of a suitable date before end of this month when we can approach the court. We will keep you and the court updated of progress,” Tafila ended his letter. The DPP did not respond to this letter and on July 3, 2019 Tafila yet again wrote to them.
He told Dibeela that Kgosi wanted his request formalised as a matter of urgency to safeguard his interests and freedom. He also said Kgosi wanted Dibeela to respond to his letter by July 8, 2019, if not, they will rush to court on urgency to have his bail conditions varied so that he completes his treatment in Malaysia. In a short interview, Tafila said contrary to some media reports, his client was not a fugitive.
“For you to be a fugitive from justice is when you are facing charges levelled against you and then you run away to another country, so that you do not have to answer for those charges,” he explained.
He further explained that Kgosi left the country for medical purposes having been referred to Malaysia by a Botswana-based medical physician.
“The DPP has not responded and we are going to court for variation of his bail conditions. The DPP is the one controlling the case. They are discourteous by talking to the media and not responding to our letter. Attorneys must treat each other with respect.”
Kgosi is accused of exposing agents of the DIS to the public. According to the charge sheet, count one of the offence is the prohibition of disclosure of identity.
The particulars of offence are that the accused person, Kgosi, between February 18 and 25, 2019 in Gaborone took photographs of officers as well as the identity cards of the officers engaged in a covert operation of DIS. On count two he is charged with obstructing officers and support staff.
“The accused person, Kgosi, 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 charge sheet reads.