The Broadhurst Magistrate’s Court has granted Isaac Kgosi’s defence team permission to file its application to deal with the “State’s failure to provide further particulars” where intelligence operatives were ‘compromised’.
This is in a case in which Kgosi is charged with disclosing identities of Directorate of Intelligence and Security (DIS) agents and obstruction of the officers’ duty.
The former DIS director general, Kgosi’s legal team of Thabiso Tafila and Lesley Malema, has been instructed to file their application and serve the State by July 17, 2020 with the prosecution given up to August 7, to have responded.
Magistrate Linah Mokibe-Oahile then ordered the parties to appear in court for arguments on August 14, 2020.
This followed an argument by the defence team that their client could not proceed to take a plea, as the State has failed to provide them with further particulars they had requested.
During a hearing on Friday, Malema said it was not possible to plead to the charges before the State furnishes them with the model of the gadget that allegedly sent the pictures and certified copies of photographs of those security agents.
“We have asked for the names of those officers, the nature of the duties the said officers were executing at that time and copies of employment and their identities. We have also asked for the gadget that sent the pictures and the certified copies of those pictures. But the response still falls short of what we requested,” Malema argued.
His partner, Tafila said they were only given copies of photographs of newspaper not original copies of the said pictures. He argued that if the State does not provide the said
State counsel, Thato Dibeela argued that they have provided everything they have been asked to.
Dibeela argued that the defence team is stalling the case and buying time.
“I must state that I am extremely disappointed with the defence team to delay the progress of this matter. Court records show that we have furnished them with all particulars they requested. They are seeking a postponement to buy time. We have responded. They may not like our response but we have responded,” she argued.
Dibeela further argued that the State could not furnish the defence with that which it did not have. She said at this point, the cellphone model allegedly used to send the pictures is unknown, as the gadget was not recovered.
Kgosi was arraigned last year on charges of having taken photographs of two DIS officers between February 18 and 21, 2019 as well as the said officers’ identity cards while they were on an official operation and having disclosed the pictures to Mmegi newspaper, which proceeded to publish them on February 22.
The alleged conduct of the accused, the State argues, is contrary to the Intelligence and Security Service Act, which prohibits disclosure of intelligence operatives’ identities to the public.
In May 2019, the State confiscated two of Kgosi’s mobile phones as well as one belonging to Mmegi reporter, Tsaone Basimanebotlhe, to aid in the investigation.