The State could only reopen the case if they give Kgosi further particulars he needs. With the particulars essentially the evidence that backed up the State’s claim, DPP had to withdraw the charge because without particulars of the actual claim itself, there was nothing Kgosi could argue against.
The particulars that Kgosi needed for the matter to proceed are said to be ‘classified’ according to Magosi. For now, Kgosi can take the win but the reopening of the case by the State surely rests upon Magosi removing classification markings from the ‘classified’ information in the particulars.
Before DPP director, Stephen Tiroyakgosi withdrew the case this week, Broadhurst Regional Magistrate Masilo Mathaka last April gave the State seven days ultimatum to furnish Kgosi with the particulars. The ex-spy chief has been requesting further particulars after being charged, accused of contravening the DIS Act and exposing security agents to the public.
With the State failing to provide Kgosi with particulars in those seven days, the only option was to withdraw the remaining charge.
In the charge, allegations are that Kgosi verbally assaulted and obstructed X and Y, officers of the DIS, on or about February 18, 2019, at Extension 6 from executing their duties. Kgosi had always denied the allegation, claiming that on the said date, he had gone for physiotherapy when the two officers followed him to the clinic, where they aggressively demanded the receptionist to take them to him.
In April, Kgosi made an application seeking further particulars for his defence on the remaining lesser count where he was accused of obstructing the officers from carrying their duties.
Magistrate Mathaka said at the time that the State had seven days to furnish Kgosi with the particulars he needed as he did not see how the State would not want to disclose such information to the accused.
“In all the particulars I have pointed out, you have seven days to have furnished the accused. I will be taking over this case because it has stalled for long and needs to be disposed of,” he said.
He gave the firm ruling as he explained that the State should not be hiding behind the fact that the information the former spy chief was seeking was classified.
Mathaka said the State went to court to say Magosi said the information could not be shared because it is classified was not enough reason, as they did not give any evidence to that effect.
“For you to say Magosi is saying it is classified information without giving much evidence is not enough. Those particulars need to be given to him,” Mathaka pointed out.
Before the withdrawal of the charge this week, Kgosi was initially facing three counts that included taking photographs of officers as well as the identity cards of the officers engaged in a covert operation undertaken by the DIS, information of which was published in the Mmegi newspaper. The obstruction allegation was the only one remaining in the case after other charges were dropped last year.
