02 Nov 2021

The Directorate of Intelligence and Security Services’ (DISS) former director general, Isaac Kgosi, will on Friday know whether he will continue being on bail or not..

Kgosi, who is facing six counts of undermining national security, was last week Wednesday granted bail by Village Magistrate Court, a decision that the state wants set aside.

On Monday, the state approached the High Court with an urgent application to have the magistrate court decision reviewed or set aside.

The state also wanted Kgosi remanded in custody for 14 days and that the matter be brought before a different judicial officer at the magistrate court on November 11.

Appearing before Justice Michael Motlhabi of the Gaborone High Court on Monday, state attorney, Mr Sifelani Thapelo said recorded proceedings showed that Magistrate Lindiwe Makgoro’s decision was wrong since it was reached without weighing the pros and cons of the case.

He said the accused could have access to state witnesses and interfere with investigations.

Mr Thapelo said Kgosi, in his own version, knew potential state witnesses and further revealed that former President, Lt Gen Dr Seretse Khama Ian Khama, and former Permanent Secretary to the President, Mr Cater

Morupisi had disposed confirmatory affidavits in favour of the respondent.

He said it was common cause that Kgosi knew Ms Mphoeng Maswabi who could be one of the witnesses as her photo appeared on a passport of a certain Lerato Hilton.

The respondent attorney, Mr Unoda Mack said there was no proof that his client would interfere with the witnesses, adding that all that the state wanted was to have his client in jail.

He said the state should at least have produced evidence that his client had propensity of interfering with the witnesses, adding that it was common cause that when an accused person breached his bail conditions, such bail was cancelled.

Mr Mack said the magistrate had set out conditions for his client, which deterred him from interfering with the witnesses and investigations.

“What is here is bold bare allegations of suspicion of fear, you cannot deny a man his right to liberty on suspicion,” he added.

Kgosi is facing charges of unlawful possession of armoured military vests, possession of ammunition without license, fake passport bearing the names of Lerato Hilton issued by the government of Botswana and two passport specimen, which is prejudicial to the interest of the country contrary to the National Security Act. ENDS