10 Mar 2020

The Broadhurst Magistrate Court has instructed Isaac Kgosi’s defence team to file and serve their request for further particulars by end of business today.

 During a hearing yesterday, Magistrate Linah Mokibe-Oahile stated that the state should have responded by March 19 before the matter was heard on March 24.

  Kgosi’s legal team of Unoda Mack and Thabiso Tafila said they needed further clarification from the state before the accused could be asked to plead.

 In particular, they requested to be provided with the photographs Kgosi is accused of having disclosed since the state had been in possession of the accused’s two cellphones.

 The former Directorate of Intelligence and Security Services (DIS) director-general is accused of disclosing the identity of DIS agents and obstructing them in their course of duty.

Kgosi was arraigned last year on charges of having taken photographs of two DIS officers between February 18 and 21, 2019 as well as the said officers’ identity cards while they were on an official operation and having disclosed the pictures to Mmegi newspaper which proceeded to publish them on February 22.

The alleged conduct of the accused, the state argues, is contrary to the Intelligence and Security Service Act which prohibits disclosure of intelligence operatives identities to the public.

In May 2019, the state confiscated two of Kgosi’s mobile phones as well as one belonging to Mmegi reporter Tsaone Basimanebotlhe to aid with the investigation.

State counsel, Thato Dibeela told the court yesterday that the prosecution had since returned the two cellphones to Kgosi.

Ms Dibeela said the prosecution and defence had met and filed the details wherein they had “agreed to disagree, with no admissions”.

All matters should be aired before the court to enable it to make a determination of the accused’s guilt on the charges laid out, she said.

The state wanted the charges read out to Kgosi so he could plead and the matter proceed to trial.   

However, the defence sought to make a submission for further particulars necessitated by the return of the cellphones without provision of any of the photographs Kgosi is accused of disclosing. Ends