14 Jun 2017

Extension Two magistrate court, Ms Batho Kgerethwa has ruled that Elliot Moshoke has a case to answer in the matter in which he is accused of threatening to kill Directorate of Intelligence and Security Services (DISS) Director General, Mr Isaac Kgosi.

The representation of Moshoke; a companion of Leader of the Opposition, Mr Duma Boko had sought to have the case struck off the roll, but Magistrate Kgerethwa on June 13 dismissed the application, arguing that in legal terms, Moshoke has a case to answer and set July 3 as the trial date.

In September 2016, Moshoke was charged with a single count of threat to kill offence, having uttered words on April 28, 2014 at Extension Two, Gaborone that caused the complainant, Mr Kgosi to indirectly feel a threat upon his life.

Moshoke’s attorney, Mr Dick Bayford had attempted to have the matter dismissed on the grounds that the particulars of the offence did not provide sufficient information for the accused to be prosecuted without bias.

Mr Bayford had also argued that the Criminal Procedure and Evidence Act (CPEA) provides for a case to be dismissed before hearing if the charge is considered to be containing potential prejudice against the accused.

The application felt the words used by the accused person in the alleged threat, did not constitute a threat to Mr Kgosi.  

Part of Moshoke’s alleged statement reads; “our intelligence revealed that DIS is plotting to assassinate Comrade Boko and should that happen, we will take out Serowe and its royal family from the world map.”

In his application, Mr Bayford had argued that Mr Kgosi was neither related to the Serowe royal family, and that a threat could not be made against a territorial jurisdiction.  

Also, the court had been asked to consider Moshokwe’s words as those of a political party follower feeling that his leadership was under threat.

Acting for the Directorate of Public Prosecutions (DPP), Ms Priscilla Israel had argued that there was no lawful excuse for making the particular threat and that the case had to proceed to a prosecutiona, citing the decision in a prior case of Seloka versus the

State.In delivering her verdict, Ms Kgerethwa said she had carefully considered all arguments presented before court.

She said her verdict had weighed in several factors including whether the charge had been calculated to prejudice or embarrass the accused and whether the words used were mere dissenting views of a political party follower not a threat to kill per se.

Ms Kgerethwa said Moshoke’s statement had to be considered as a whole. 

While the institution of the DIS and a royal family of the Serowe geographical territory are mentioned, they also have individual members who can legitimately feel threatened, and the names ‘President Ian Khama’ and ‘Mr Isaac Kgosi’ are explicitly mentioned towards the end of Moshoke’s statement.

As such, she dismissed the application for the case to be removed, and ordered for the case to proceed for trial on July 3. ENDS