28 Jun 2020

The defence team in a case where Isaac Kgosi faces two charges of disclosing the identity of DIS agents and obstructing them in their course of duty has told the Broadhurst Magistrate Court of their intention to file an application showing their displeasure towards the prosecution. 

The duo of Thabiso Tafila and Lesley Malema told chief magistrate Linah Mokibe-Oahile that the prosecution has not furnished them with the necessary documents to prepare their case, and that their client was not ready to plead. Attorney Malema said the prosecution’s response was not satisfactory.

“We cannot proceed with the matter and even setting trial dates when we still have issues to settle,” said Mr Malema. 

He said the defence has requested the names of the said DIS agents, the nature of duty they were performing at the time of the alleged criminal act and confirmation of their employment. 

Mr Tafila concurred with Mr Malema, saying officers who served in the DIS must be appointed following certain procedures, and that without proof of such the actions would be nullified. “During the last mention we had requested for their particulars, but what we have received is insufficient. 

We are also provided with copies of photographs from newspaper publications and not the actual photos. It is not clear as to whether my client ever owned a gadget alleged to have taken the pictures in question as it was never located,” said Mr Tafila.

The defence team requested court to offer them an opportunity to file another application in relation to the insufficient material they had received from the prosecution. 

On the other hand, the prosecutor, Ms Thato Dibeela told court that the prosecution has fully responded to the request made by the defence team, as they had furnished them with all the necessary material. She said the defence team were engaging in delaying tactics, advising the matter was called for the accused person to enter a plea. 

She said the defence team was furnished with all the necessary documents which included a copy of newspaper articles with the photos which were at the pinnacle of the matter, particulars of the officers in question, their statements and the nature of the duty they were executing at the time Kgosi was suspected to have interfered with their duty. 

Ms Dibeela said their response has also stated that the gadget which was suspected to have been used by Kgosi in taking the pictures that were published in the newspaper was never located and therefore it was impossible for the prosecution to furnish the defence with the original copies of the photographs. 

“At this point, the accused person was supposed to enter a plea, but the defence team is now engaging some tactics to buy time for the reasons that I cannot understand,” she said.

Ms Dibeela said on April 24, 2019, the defence attorneys requested to be served with the necessary documents relating to the case, and that the prosecution responded accordingly on May 20, 2019. She said another request from the defence was on March 12, 2020 and was also fully responded to. 

“We had responded to their request, they may not like, but we had fully provided them with what we have. We cannot furnish the defence team with what we do not have.  I suspect as a result of the lockdown, they might have encountered challenges and therefore had not fully consulted with their client. It will be fair to give them time to prepare their case,” she said. 

Chief magistrate Oahile-Mokibe offered the defence team to file their application on July 17 while the prosecution will respond on August 7, 2020. The case was set for mention on August 14 where the defence application will be argued. ends