Kgosi fights back

Kgosi is recuperating in Malaysia
Kgosi is recuperating in Malaysia

As a team of investigators plans to leave for Malaysia on Isaac Kgosi’s trail, after obtaining a warrant of arrest for him, the former spy chief has in turn approached court to fight the execution of the warrant.

Kgosi has filed an application for an order rescinding or suspending the execution of the warrant of arrest ordered and issued against him on July 14, 2019.

The warrant of arrest for Kgosi was issued after he failed to report at the police station on his scheduled time as per his bail condition in the matter in which he has been charged with contravening provisions of the Intelligence and Security Services Act. He allegedly disclosed the identities of secret agents and also allegedly obstructed the Directorate of Intelligence and Security (DIS) officers and support staff contrary to provisions of the Act.

When the police applied for his warrant of arrest, they had argued that Kgosi was a fugitive of the law because he breached his bail conditions by not reporting to the Broadhurst police station on June 22.

Kgosi is currently in Malaysia where he is admitted to hospital and awaiting to undergo surgery. He left the country on May 28, 2019 through the Ramotswa border gate. He recently applied for a variation of his bail conditions, as he is now unable to attend court sessions.

However, Kgosi argued in his founding affidavit that the said warrant of arrest was issued upon application by the police on false allegations that he had decamped and did not intend to stand trial.

Kgosi denied that he was supposed to report to Broadhurst Police station on June 22, rather ordered to report once a month, and not on any particular day or date of each of month.

“I submit that the warrant of arrest should not have been issued and stand to be rescinded or at least its execution suspended pending my return from Malaysia and a decision on my application for variation of bail conditions has been made by the Regional magistrate. Such a decision has been deferred by the Court until further investigations by the State regarding my whereabouts and my reasons for leaving Botswana,” said Kgosi in the founding papers.

The ex-spy chief argued that the police and the Directorate of Public Prosecutions (DPP) have always been aware of his whereabouts as they were informed of “my situation” and as such there was no need for them to approach the court for a warrant of arrest.

“I am in hospital and about to undergo surgery as can be seen from a letter from my doctor dated July 23, 2019 annexed hereto and marked K2,” read his papers.

According to him, should the warrant be executed, the security agents will most certainly pounce on him on the strength of the warrant while he is on a hospital bed in Malaysia.

This will invariably exacerbate his medical condition as the doctor has advised him that he could not travel after surgery nor anytime before finishing treatment, he said.

Similarly, he argued that his warrant of arrest could be rescinded or its execution suspended as the regional magistrate deferred a decision on his application for variation pending confirmation by the State that he was in Malaysia for medical treatment.

“I submit that it is just and expedient that the warrant of arrest be rescinded or its execution be suspended pending the determination of my application for variation of bail conditions as well as confirmation by the State about my whereabouts and reasons for my absence in Botswana,” he added.

Meanwhile, a team of investigators including attorney, Thato Dibeela from DPP, detective superintendent Maikaelelo Chepete of Botswana Police and Stephen Rankwane, an officer from the Office of the President are scheduled to fly to Malaysia to carry out investigations on a case of ‘fraud’ involving Kgosi.

They will also record statements from the management of the Medical Hospital KPJ Tawakkal where he is said to be admitted.

In a letter from the Interpol’s National Central Bureau (NCB) in Gaborone from one M Kenosi to head of NCB Kuala Lumpur dated June 2019, it was written that: “Kindly be informed that we are investigating a case of fraud in Botswana involving a former senior government official, Mr Isaac Seabelo Kgosi. On 28th May 2019, the subject was seen by his physician Dr M.H Khan who then referred him to see a certain specialist in Malaysia for further treatment. The specialist’s name is Dr Sivalingam Raja Gopal.

“According to the information we received from the subject’s attorneys he should be out of the country for a period of eight weeks receiving medical treatment. There is a possibility that he might extend his stay outside the country in Malaysia basing on the treatment he will be receiving. Under the stated circumstances, the subject will not meet his bail conditions. He is required to report himself to the police once a month. He is also expected to attend court on the 23rd July 2019 when the case comes up for status hearing. We therefore request your esteemed office to check and confirm to us if indeed there is a medical hospital called KPJ Tawakkal which is a specialist hospital at Kuala Lumpur, Malaysia”.

In a follow-up letter dated July 5, 2019 from NCB in Gaborone to the head of NCB in Kuala Lumpur, Chepete, Dibeela and Rankwane requested for an official trip to Malaysia from July 13, 2019 to July 20, 2019.

“The purpose of the visit is to carry out investigations on a case of fraud involving a former senior government official, Mr Isaac Seabelo Kgosi and record statements from management of the medical hospital called KPJ Tawakkal,” read the letter.

Interestingly, Kgosi has never been officially subject to a fraud investigation. He is only under investigation for disclosing the identity of DIS officers.

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