The prosecution team in the former spy chief, Isaac Kgosi’s case has been ordered to provide particulars requested by the defence team especially the names of X and Y mentioned in the charge sheet.
The Broadhurst Regional Magistrate, Masilo Mathaka agreed with Kgosi’s attorney Thabiso Tafila that the State should give the names of the Directorate of Intelligence Services (DIS) agents who Kgosi is alleged to have disclosed to Mmegi and any other particulars they request.
“The defence should request the particulars in writing within seven days from now and the State shall respond within 14 days of receipt of the request,” he ordered.
When Kgosi was arraigned early yesterday his attorney told court that the amended charge remained ineffective, as it had no crucial details. He argued that there was no way people mentioned in his client’s charge sheet are named X and Y in a criminal matter where the accused was expected to defend himself.
“This is a criminal court. There is no secrecy here, secrecy belongs outside not here, we want the names of X and Y,” he demanded.
Tafila also said prosecution should not speculate about names because people share names all the time and it doesn’t necessary mean when they are named people will automatically know it is them.
However State prosecutor, Thato Dibeela had objected to the naming of the agents on account that it was an offence to do.
“Naming the agents in a charge sheet is difficult because charge sheet is a public record and anyone can have access to it.
It will mean us too we are committing the same offence that has brought us here,” she said. She told the court that they had a difficulty in informing the accused about the names of the agent as his mobile phones, suspected to have photographed the agents, were taken and are still at the police forensic laboratory for analysis.
On the bail conditions, the magistrate ordered as agreed by both attorneys that Kgosi’s bail be set at P10, 000, that he provide two local sureties with the same amount as Kgosi each, not interfere with State witnesses, report every fortnight to police and attend court at all times. He was not requested to surrender his passport after his attorney objected to State’s request. Meanwhile, Kgosi was read the charge sheet and pleas reserved as the State indicated that investigations were still ongoing.
He is charged with two counts of offence contrary to section 19 (b) (ii) and section 23 as read with section 46 of the Intelligence and Security Service Act.
According to the amended charge sheet, count one of the offence is the prohibition of disclosure of identity.
Particulars of offence is that the accused person, Kgosi between February 18 and 21 at Gaborone took photographs of officers X and Y as well as the identity cards of the said officers engaged in a covert operation of DIS and disclosed the information that was subsequently published in this publication.
On count two he is charged with obstructing officers and support staff.
“The accused person, Kgosi on or about February 18, 2019 at Extension 5 obstructed X and Y who are officers of the DIS in the execution of their duties,” reads the charge sheet.
The case is due for status hearing on May 23, 2019.