A magistrate and a police officer have given contradicting statements in the infamous January 2019 airport arrest of former Director General of the Directorate of Intelligence and Security Services (DISS), Isaac Kgosi.
In the ongoing legal tussle where Kgosi is suing the state, the arresting police officer- Koketso Mbulawa, claims that the arrest warrant was issued by Palapye Magistrate, Rebecca Motsamai, who has in her affidavit, vehemently denied ever ordering Kgosi’s arrest.
Mbulawa says in his affidavit of 15 January 2019 that he received a report from the Botswana Unified Revenue Service (BURS) that Kgosi was wanted for the offence of intent to evade liability to tax and that the BURS who are the 8th defendant in the case needed assistance to obtain a warrant of arrest for Kgosi who was due to arrive in Botswana.
The Police officer in his affidavit further stated: “I do state that as is normal police procedure under such circumstances, I and the defendant were tasked with the duty of applying for the warrant of arrest and effect same on the plaintiff.”
The officer further states that he appeared before the Palapye Magistrate where they applied for and were granted the warrant of arrest.
“After obtaining the warrant of arrest we later went to Sir Seretse Khama Airport to await the plaintiff’s arrival at around 8pm. When the plaintiff arrived I personally served him with the warrant of arrest. The plaintiff’s arrest was effected with the assistance of other law enforcement officers. The plaintiff was briefly searched and later taken to Sir Seretse Khama Barracks where he was detained overnight at around 01.32 hours,” the police officer’s affidavit further reads.
However in an interesting twist to the tale Chief Magistrate Rebbeca Motsamai says she never issued any warrant of arrest against Kgosi.
In her affidavit she states: “I wish to state from the onset that that all allegations leveled against me in these proceedings and in the declaration in particular are completely false, spurious, frivolous, vexatious and defamatory of me in my person and in my official capacity in the extreme.”
The Chief Magistrate further states that she has not been part of any court proceedings relating to Isaac Kgosi.
“I have never been part of any conspiracy against the plaintiff or participated in any way in his arrest and detention as alleged in the declaration or at all. I have never issued any warrant of arrest of the plaintiff as alleged or at all. The plaintiff’s allegations against me in this regard are totally unfounded and without any justification at all,” further reads her sworn affidavit.
The case continues.