Although he was placed on Interpol red alert, Regional Magistrate Masilo Mathaka has released him on bail after he stated that Isaac Kgosi’s charges are not that serious.
Kgosi defied the odds this week when he returned back to court without being detected by the Police.
Whilst it is still unclear which route he used, Kgosi was expected to be arrested upon arrival as per the court order.
Broadhurst magistrate Tshepo Thedi issued a warrant of arrest against Kgosi effectively placing him on Interpol red alert after he breached one of his bail conditions when he failed to appear in court for his mention.
Kgosi through his lawyers maintained that he was bed ridden in Malaysia and as such could not travel back for mention.
This week, Kgosi waltzed into court-looking better than when he was last seen-to the surprise of the Chief Prosecutions counsel at Directorate of Public Prosecution (DPP) Thato Dibeela.
“We did not know Kgosi will be in attendance that is why we are not ready to argue whether his warrant should be suspended. The defense did not accord us the courtesy to tell us that he will be in the country,” Dibeela said.
Kgosi was later taken to Princess Marina hospital where he was examined by an orthopedic surgeon to ascertain whether indeed his medical condition was so severe that he had to miss out on court since June.
To the disappointment of the state the doctors affirmed that’ Botswana’s once feared’ man was indeed ill. The state however moved to imprison Kgosi pending argument on his warrant set for today (Friday).
“The state will avail the recommendations made by the doctor. We will avail the specialized beds, even if they are not there in prison now, they will be availed,” Dibeela said.
However Dibeela’s argument fell on deaf ears, when Mathaka suspended Kgosi’s warrant until Friday.
“I am of the view that his incarceration will not be the most reasonable thing to do. The offence he faces is serious but not the most serious in the book,” Mathaka said.
Kgosi has been charged with taking photographs of two DIS agents as well as their identity cards and obstructiing the said officers in their duties by verbally assaulting them.
He is yet to be slapped with a more serious charge of terrorism, which the state has alleged Kgosi was aided in by DISS agent, Whelminah Mphoeng Maswabi code named Butterfly.
Kgosi is expected to appear again today (Friday) where the state intends to persuade the court to lift the suspension.