For the first time since his appointment, Director General of Intelligence and Security Services, Isaac Kgosi, will testify in court when his high profile threat to kill trial against Duma Boko’s associate- Elliot Moshoke, commences.
This week, the matter that was registered two weeks ago, was back before an Extension II Magistrates court as defence attorney, Dick Bayford, tried to convince Magistrate Batho Kgerethwa to dismiss the case.
Bayford who believes that the evidence advanced by the prosecution is not comprehensive enough to institute a threat to kill charge, argued that the alleged utterances made by Moshoke would only constitute a threat if Kgosi and President Ian Khama were assassins.
The threat to kill case follows controversial statements that were allegedly uttered by Moshoke to a local newspaper in April, 2014 following an apparent assassination plot on Umbrella for Democratic Change President, Duma Boko. According to court papers, Moshoke uttered the words:
“I personally send a warning that should anything happen to Boko there will be a bloodbath among the families of the responsible people. The security breach comes days after our intelligence revealed that DIS is plotting to assassinate cde Boko and should that happen we will take out Serowe and its royal family from the world map. President Ian Khama and Isaac Kgosi must be warned that Boko is not Kalafatis. I will personally ensure that not only do they suffer consequences but even their entire families.”
Bayford says Moshoke’s words would only amount to a threat if indeed Kgosi and Khama assassinated people.
“We submit for the very reason that the charge sheet does not indicate that any threat was made and that it does not contain any statement which could be read and understood by any reasonable man to mean that the accused will kill the complainant.
The court must dismiss the case. Proceeding with the case will only be simply to embarrass the accused,” he said.
Bayford further submitted that Kgosi cannot seek legal representation if his intention was to assassinate Boko.
“To assassinate means to kill in cold blood and or murder. Taking someone’s life without legal justification is what it is,” Bayford argued.
For her part, State Prosecutor, Priscilla Israel, argued that a threat is a statement of an intention to inflict pain, injury, damage or other hostile action on someone in retribution for something done or not done.
“It is abundantly clear from the above cited except that the responsible people who, together with their families, were threatened with a blood bath are President Ian Khama and Isaac Kgosi.
For the record president Ian Khama did not report to the police that his life and those of his family were in danger, therefore nothing shall be said about him.
For purposes of the present discussion it is Isaac kgosi who received the threat to kill, him and his family,” Israel argued.
The State is expected to call eight other witnesses, including Duma Boko, when the trial commences.