Gaborone High court judge, Zein Kebonang, has ordered the Botswana Unified Revenue Services (BURS) to pay former intelligence boss, Isaac Kgosi, an amount in damages of P50 000 000 in a case in which Kgosi dragged Government to court for his controversial arrest.
In the ongoing case the former Directorate of Intelligence and Security Services (DISS) Director General, had dragged the Botswana Police Services, DIS, the current DIS Director General- Peter Magosi, agents Koketso Mbulawa and Mbako Bonang, Kaone Molapo, BURS, BDF and Rebecca Motsamai to court for his controversial January 15 airport arrest.
In a court order delivered yesterday (Monday) the judge ordered “with respect to the request for further and better particulars the 1st – 6th, and 9th -10th defendants are directed to have provided further and better particulars to the plaintiff by 16 July 2021.”
Justice Kebonang further ordered compensation to Kgosi with regards to BURS. “The 7th and 8th defendants having failed to file and deliver their plea and now having been barred to do so, judgment is entered in favour of the plaintiff with costs. The damages claim of P 50 000 000.00 (fifty million pula) being an unliquidated amount is to be assessed on the 2nd August 2021 @ 0830 hours.
According to the particulars of his claim, Kgosi said he was returning from a friend’s wedding in India with family when he was ambushed with an unlawful and irregular warrant of arrest issued by Palapye Magistrate’s Court.
“All cited in the papers acted individually and collectively, unlawfully and wrongfully engineered my arrest by falsely alleging that I had evaded to pay tax in 2017 and obtained an irregular warrant of arrest at Palapye Magistrate’s Court for tax evasion that purportedly occurred in Gaborone,” he said.
He explained that those in attendance to ensure the unlawful arrest was effected were DIS Director General, Peter Magosi, Botswana Unified Revenue Service (BURS) General Manager, Kaone Molapo and several officers that after the arrest he was detained at a military facility at the Sir Seretse Khama Barracks, which was unlawful and wrongful.
Kgosi in denying claims of tax evasion said he had never evaded tax or failed to pay tax to BURS.
“The DPP through Botswana Police applied for a warrant for my arrest. The first application was in Gaborone and it was never issued. Magistrate Motsamai issued the second one in Palapye, which was never applied for,” he said.
The former DIS DG also stated in his court papers that Magistrate Motsamai in issuing the warrant, abused her powers and authority with no factual basis, thus enabling for his arrest.
He pointed out that in issuing the warrant of arrest in Palapye, the State was also aware that police had applied for the same warrant in Gaborone and that the warrant was not issued in the names of the Commissioner General nor at the instance of the DPP.
Kgosi in his papers asked court for damages suffered for P15 million for unlawful arrest, unlawful detention P5 million, deprivation of freedom P3 million, inhuman treatment and emotional shock P10 million, aggravation of the spinal injuries P7 million, pain and suffering, P10 million all amounting to P 50 million.
The case continues.
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sharonm@thevoicebw.com