DCEC, DPP clash over Kgosi s’ missing docket
- DPP director says they had instructed DCEC to tighten the case
- DCEC director accuses DPP director of telling untruths
- DCEC says DPP actually knows about the whereabouts of the docket
- President Masisi says he is equally clueless about Kgosi Docket and case
- AG cagey with details
TEFO PHEAGE
The plot is thickening in the high profile corruption and money laundering case of former Directorate of Intelligence and Security Services (DISS) director Isaac Kgosi following discoveries that his case docket-IF/2011/01166 has vanished from the hands of the Department of Public Prosecution (DPP) and the Directorate on Corruption and Economic Crime (DCEC).
The disappearance of the docket casts doubt on whether the case, which implicates Kgosi in corruption and money laundering activities will ever be prosecuted. Kgosi and former president Ian Khama were both accused of diverting the course of justice through the alleged intimidation of DCEC investigators. The docket, according to former and current DCEC directors Rose Seretse and Bruno Paledi was long sent to DPP in 2012. The DPP director on the other hand claims the the file is with DCEC.
This week, the new DPP director, Stephen Tiroyakgosi told this publication that they have instructed the DCEC to tighten the case so that they can determine whether to move ahead with prosecutions. This statement was vehemently refuted by the DCEC director, Bruno Paledi who accused the former of telling untruths.
“We felt the DCEC had not finished their work. There were some loopholes in the docket for the prosecution to take off. They are currently working on some finishing touches,” Tiroyakgosi said in interview.
Paledi however said, “It is not true that the DCEC have that docket. When I came here last year the docket was said to be with the DPP to prosecute and we are still there.”
Recently, the DPP instructed DCEC to submit the docket in what insiders say nearly turned into a quarrel between the two organizations. This request to submit the docket was confirmed by the DPP director who admitted that they recently made a follow up with the DCEC on the matter. “I can confirm that two months ago we contacted the DCEC as a follow up to the case and I cannot divulge anything more than that,” he said.
Tiroyamodimo said the department is cautious to proceed with the case to avoid being libel for a malicious prosecution and denied that there was no additional pressure to stall the case. He further promised that the matter will be dealt with soon.
When asked by this publication for his views on the case last Thursday, president Mokgweetsi Masisi distanced himself from the docket saying he knows nothing about the status of the matter. “I would not know about the status of that case as you may be aware the DPP director does not report to me,” said Masisi who recently fired Kgosi from the civil service.
Kgosi told this publication this week that he did not know anything about the case because he doesn’t work for DCEC and DPP. “ For once I wish you guys can leave me alone because I have suffered enough as well as my family and those who I associate with,” said Kgosi.
Contacted for comment former DCEC director Rose Seretse said, “That is shocking. When I left the DCEC the docket was with the DPP. They had instructed us to tighten the case and address some hanging matters. That was done and the docket was returned in no time to DPP. One thing people should know is that these file transfers are done through savingrams for purposes of traceability so they can be used to get to the bottom of the matter,” she said. She further said that she has not yet been questioned by anybody in relation to the matter.
Allegedly, the Attorney General and former DPP director, Abraham Keetshabe has been notified that the docket is missing. When asked this week about whether he is aware that the docket is missing, Keetshabe declined to make comments. He further declined to answer whether the docket was with DPP or DCEC at his time of departure to the AG. He later said he doesn’t want to be involved in DPP matters.
“As you may be aware, in terms of section 51a of the constitution of Botswana the DPP has independence on prosecutorial matters and it is improper for the AG to be involved in those matters,” he responded through a phone message and declined to engage on follow up questions.
Former DCEC director, Rose Seretse wrote to Kgosi in 2012 raising concerns that DIS agents were threatening DCEC Assistant Director Eugene Wasetso. Wasetso was one of the agents who was investigating Kgosi.“I am advised that on Thursday 8th March, 2012 you threatened this Directorate’s Senior Assistant Director Mr. Wasetso and that known DISS officers have been observed conducting surveillance of DCEC headquarters,” reads the letter from Seretse to Kgosi, adding that they knew this was going to be a difficult case to conduct.
In the past the DCEC officials expressed frustrations that the DPP was sitting on the docket and not prosecuting Kgosi. The criticism was leveled to then DPP director and now Attorney General Abraham Keetshabe who was President Khama’s official legal advisor before being appointed to DPP. Keetshabe then maintained that his office was independent and dismissed suggestions that he has been held hostage by powerful political interests. The Kgosi docket is about his substantive links to corruption and money laundering. Kgosi is also at the centre of the P250 Million embezzlement of the National Petroleum Fund.