11 Dec 2019

The warrant of arrest issued against former Director of Intelligence and Security Services (DIS) Director General, Isaac Kgosi has been withdrawn and new bail conditions set.

Regional Magistrate, South, Mr Masilo Mathaka on Dcember 10 presented the ruling, and varied existing bail conditions, granting Kgosi cash bail of P10 000 and that he should provide two sureties who would also provide P10 000 each.

Furthermore, Kgosi is to surrender his passport to the Broadhurst Police Station Commander, but he would have access to it when he needs to travel outside the country after alerting one of two investigating officers, Victor Mabina and Maikaelelo Chepete of the length and reasons of that external travel.

Kgosi’s legal team, Thabiso Tafila and Unoda Mack had notified the court that owing to his post-graduate studies and medical condition, Kgosi periodically needed to travel outside the country.

Presenting the ruling, Mr Mathaka had outlined that Kgosi was under trial for obstructing intelligence officers in their course of duty, and exposing the identity of the intelligence agents.

Appearing in court in May, Kgosi was granted bail whose conditions included that he should report monthly to Broadhurst Police Station, but he would proceed to spend the period between May 28 and December 2 outside the country for specialist medical treatment.

By not reporting to Broadhurst Police Station in June, Kgosi had violated his bail condition, which Mr Mathaka said was an undisputed fact before the court. Broadhurst magistrate, Mr Tshepo Thedi granted the state their wish when they applied for the warrant of arrest in July.

In issuing the warrant, magistrate Mathaka noted that magistrate Thedi had ordered the arrest of Kgosi so that he could be brought before court to show cause why he had flouted his bail condition.

Kgosi’s legal team consistently alerted the state through communication from their client’s medical specialist that he was being treated and observed in Malaysia and needed time before returning to Botswana.

Magistrate Mathaka said Kgosi could have travelled back to Botswana to inform authorities of the need to stay long outside the country.

The court also noted that the accused travelled to Israel for further rehabilitation without alerting authorities or even his attorneys.

But the court was satisfied that he had been receiving specialist treatment and also noted that, at the instigation of the court, Kgosi’s condition had since been verified by a government doctor.

 In arriving at the determination, magistrate Mathaka said he followed the legal precedence of balancing the interests of the public with that of the accused; the nature of charges; the length of the prison term if the accused was to be found guilty and given the maximum sentence; the nationality of the accused and potential flight risk.

While the state had failed to apprehend Kgosi as directed by the warrant of arrest upon his return, he attended court to face trial, and explained the reasons for his absence, satisfying the reasons magistrate Thedi had issued the warrant, that he show cause why he flouted bail conditions. For the reasons, the warrant of arrest was withdrawn and the new bail conditions set.

State counsel, Ms Thato Dibeela revealed that after a case management with the accused and his representatives, the state was prepared to proceed to trial. which she said would ‘take approximately four days.’ January 24 was set as the next date for status hearing as the case prepares to proceed to trial. ENDS