Former Director General of Directorate of Intelligence and Security Services (DIS), Isaac Seabelo Kgosi, on Friday waltzed inches closer to freedom when he forced the hearing of a review application, which the Directorate of Public Prosecutions (DPP) sought to postpone.
A day before Kgosi was to deliver arguments before court why he should not be charged for corruption and money laundering in the P250 million National Petroleum Fund (NPF) scandal, DPP wrote to his attorneys as well as Justice Michael Leburu seeking a postponement after they fired Moeletsi Attorneys, whom they had engaged to lead the prosecution. When the matter was called for continuation on Friday morning, Kgosi’s attorneys opposed the application for postponement demanding freedom for their client.
Justice Leburu ruled against the DPP and ordered that the matter should continue to hearing with Moeletsi Attorneys representing the state as has been the case. The former spy chief has filed a review application through which he is challenging the state’s criminal proceedings against him after he was charged in the National Petroleum Fund (NPF) money laundering case.
Through his attorney Thabiso Tafila, Kgosi argued that the decision to indict him in the P250 million NPF case for the DISS transactions is irrational and unreasonable. He denies any abuse of funds allocated to DIS or that he acted corruptly in the procurement or utilization of the funds and want court to set aside the charges.
In his heads of arguments, Kgosi explained that most of the dealings of the DIS were done for the state (Botswana government) and the transfer of funds from one government entity to another cannot constitute abuse of office or corruption.
On the contract between DIS and an Israelian company -Dignia Securities, the former spy chief argues that it was not prejudicial to the rights of Botswana government in any way, especially that some of the equipment procured after the agreement had been received by the State and there is evidence to that effect.
Earlier on Tuesday, the state’s case suffered a crippling blow when another court ordered that charges against other accused persons in the NPF case be set aside. Kebonang twins, Sadique and Zein, won against the state after approaching the High Court to have their charges reviewed.
A panel of three judges, Justices Mokwadi Chris Gabanagae, Abednego Tafa and Matlhogonolo Phuthego ruled that there was no evidence whatsoever used by the Directorate of Public Prosecutions (DPP) to lay criminal and money laundering charges against them. Costs in the review application were also awarded against the DPP on an ordinary scale.