State unable to verify if Kgosi is too sick to attend court
In a case that threatens to land the once feared former spy Chief, Isaac Kgosi in jail, the state on Monday morning submitted in court that the warrant of arrest for Kgosi should remain valid until they have verified that he was indeed sick and unable to attend court.
The warrant was issued by Broadhurst magistrate, Tshepo Thedi back on July 14th on the basis that
Kgosi has breached bail conditions and absconded from court after he failed to appear on medical reasons, arguing that the ‘story’ submitted by his attorneys that he was not well and was scheduled to undergo an operation next week was a fabrication.
The case in which Mzico as he was popularly known, is charged with unlawfully exposing and distributing names of Directorate of Intelligence Services (DIS) agents resumed in court this morning for a status hearing.
State prosecutor Thato Dibeela told the presiding Magistrate that Kgosi knew all along that he will be going for a medical checkup and therefore he should have asked for conditions to be varied whilst he was still here.
“To us he is a fugitive and we have engaged Interpol and he will be arrested wherever he is found,”Dibeela stated.
Dibeela further argued that Kgosi, through his lawyers has indicated that he may only be available in the country in January next year.
She submitted that it was difficult for the state to verify whether indeed Kgosi was telling the truth that he will be in Malaysia all this time for medical check ups or not.
“Their system in Malaysia is such that we have to send a request to Malaysia, to see whether indeed the person we are talking about ever crossed into their boarders and we have been told that this may take months for them to revert to us. This is frustrating our case. We were advised he crossed out of Botswana through the Tlokweng boarder around 10.15 am and he has not returned since,”
Dibeela continued to explain that the urgent warrant of arrest was issued because Kgosi was getting further and further away from the court’s jurisdiction.
“We heard that either on the 14th or 15th July he was supposed to fly out to London, that’s why we made the urgent application for his warrant of arrest.”
For his part, Defence attorney, Thabiso Tafila submitted to the court that the previous court, (that granted the warrant of arrest) was misled and that the state is playing ‘dodgy’ tactics.
“They want to have him and have him at all costs that is why they (state) are doing this. We have communicated with them on the state of health of the accused, we wrote to them but they choose to have this warrant on a Sunday even,” Tafila argued.
Tafila further asked the court to strike off the warrant as they had provided the court with all relevant documents to prove that his client (Kgosi) was bed ridden.
“He (Kgosi) will be undergoing an operation on the 25th of July. He cannot then be expected to fly back here in his state. Let us be humane. He has through his affidavit affirmed that he will come back to Botswana once he has completed his treatment,” Tafila argued.
Whilst Kgosi remains a fugitive and on the red alert of the Interpol, his case is scheduled to return to court on September 24th.