19 Aug 2015

Prosecution in a case in which independent journalist Daniel Kenosi is facing a charge pertaining to Cybercrime and Computer Related Crimes has once again asked the court to grant them an additional three months to source assistance from overseas experts. 

Updating the court on Tuesday (August 18),state prosecutor from the Directorate of Public Prosecutions (DPP) Ms Thato Dibeela said they have since sought the assistance from some information technology experts from the United States of America but to date they have received no response.

She regretted that though the prosecution is aware of the need to speed up the whole process so as to afford the accused a (possible) fair trial within reasonable time, the court and the defence should bear with them because the investigations have been extended beyond Botswana’s shores through diplomatic channels.

Ms Dibeela further bemoaned that what was delaying them is the fact that they are dealing with a non-state entity unlike in a state to state exchange scenario. She nevertheless hoped something positive will come out, failing which both the prosecution and the defence will have to agree on the next course of action. 

Meanwhile the defence lawyer Mr Lore Morapedi of Lore Morapedi Attorneys said the state should hasten their investigations moreso that his client was incurring financial costs whenever the matter is brought before the court.  He therefore said the state should make an undertaking that it will definitely come up with something progressive in the next court appearance or at the least withdraw the matter and register it when it is ready to proceed. 

However in her ruling Village Chief Magistrate Ms Linah Oahile-Mokibe said though she agreed to grant the state another three months to continue with investigations it should sped them up, noting that it should be prepared to tell the court a course of action which should be taken in any eventuality in the next court appearance. 

When he appeared before the same court last Thursday, his bail application through his legal counsel Mr Morapedi did not succeed as the magistrate held that the circumstances which were raised by the prosecution when he first appeared had indeed not changed.

Magistrate Mokibe-Oahile also said the defence had not done enough to convince the court that there is any change of circumstance, noting that the state was yet to test electronic gadgets that it had seized from the accused. 

In addition she said the accused might temper with investigations by using other devices while on bail. Kenosi is charged for unlawful distribution of pornographic or obscene material contrary to Section 16 of the Cybercrime and Computer Related Crimes Act. 

He is also facing a criminal defamation charge contrary to Section 192 of Penal Code in Francistown. His next appearance is on November 18, 2015. Ends