Police search Kgosi for other phone, computers
Staff Writer | Friday May 24, 2019 14:25
This was after they obtained an order from senior magistrate Lentlhabetse Willie on May 15, 2019 that ordered ‘a warrant of entry, search and seizure’ in terms of Section 51 as read with 57 of the Criminal Procedure and Evidence Act (Cap: 08:02, Laws of Botswana issued against Kgosi and properties connected to him.
Upon hearing attorney Grenorrah Begani for the Botswana Police Service, Willie ordered for the warrant of entry, search and seizure of Kgosi’s phone bearing IMEI number 355420071689750 and all his computers and laptops.
The magistrate also ordered the entry and search of properties connected to Kgosi at Sentlhane Farm, Mokolodi, plots in Phakalane, Gaborone West Phase I, Extension 11 and a farm (tshimo) in Maboane.
“On the foregoing, I am satisfied that the application is one for which the dispensation of the rulers of court as to formalities, service and time limits can be dispensed with. There shall be no order as to costs,” reads the order. Kgosi, who was arraigned before Broadhurst Magistrate’s Court yesterday, is accused of exposing agents of the Directorate of Intelligence and Security (DIS) service 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.
During Kgosi’s appearance yesterday, State prosecutor Thato Dibeela told South Regional Magistrate Masilo Mathaka that they confirm receipt of the letter detailing further particulars from Kgosi’s attorney Thabiso Tafila.
“We compiled to the best of our ability. There was one item that we could not provide to the defence, that are copies of the photographs of X and Y. We shared the names of the officers in the charge sheet with the defence,” Dibeela submitted. For his part, Tafila submitted during the previous mention that they raised questions about the way the charge sheet was drafted.
“We have not been provided with photos as we had requested,” he said. In response to that Dibeela said: “Investigations are ongoing as far as the aspect of the gadgets are concerned. That does not preclude [the court] from plea taking”.
The magistrate was not impressed with the submission and added: “It does not serve purpose to take a plea and continue with investigations”.
Kgosi’s attorney then told the court about Tuesday’s events that they almost approached the court after the DPP obtained a search warrant to search the accused’s house.
“Twenty officers came to his house to look for a gadget. He had given them his phones but they said it was not the one. We feel they should complete their investigations first. That is our contention,” Tafila said.
Dibeela could not tell the court if they were going to use the photographs or not. Mathaka said he would rather set a new date and the DPP would tell the court if they have wrapped up their investigations or not. Before the July 23, 2018 adjournment for status hearing or Case Management Conference, Tafila told the court that there were two cell phones confiscated and they wanted them back. For her part Dibeela said they will discuss that outside of court.