Police forensic analyst exonerates Kgosi, others
Oarabile Mosikare | Friday March 13, 2020 15:55
The three were under the microscope as suspects in a case in which identities of Directorate of Intelligence and Security (DIS) officers, who were involved in a covert operation, were disclosed.
In his affidavit, Kealeboga Keeditse swore that he received a request from the Office of the Divisional Commander, South Central on March 18, 2019 to analyse two iPhones belonging to Kgosi, which were suspected to have been used to take pictures of agents, including their firearms and vehicle. It was also alleged that the same pictures were subsequently published in Mmegi on February 22, 2019. In his analysis and conclusion, Keeditse said no such pictures nor communications in relation to the case were found during the analysis, nor any indication that they once existed in the phones.
“Having performed my analysis, I conclude that the devices (mobile phones) I received for analysis do not contain any evidence in relation to the case. There is no indication that they have been used to take pictures sought by the investigation. There is no web history or application history (e.g. Facebook and WhatsApp) communication recovered from both phones,” Keeditse said.
He signed his forensic expert report on May 15, 2019 and the two mobile phones were returned to Kgosi on March 6, 2019.
In this case, Kgosi is accused of exposing agents of the DIS service to the public. According to the charge sheet, count one of the offence is the prohibition of disclosure of identity. The particulars of offence are that the accused person, Kgosi, between February 18 and 25, 2019 in Gaborone took photographs of officers as well as the identity cards of the officers engaged in a covert DIS operation. On count two, he is charged with obstructing officers and support staff.
As for Kebonang and Basimanebotlhe, the top police officer said he also received the request from the Office of Divisional Commander, South Central on July 18, 2019 to analyse one
Samsung Grand mobile phone and four computers written under Kebonang and one Gold Itel mobile phone belonging to Basimanebotlhe, which were suspected to have been used to disclose identities of officers who were involved in a covert operation.
On the fateful day, Basimanebotlhe was indisposed at home in Lenganeng Block 4 ward in Tlokweng when four detectives from Broadhurst Police Station and DIS slapped her with a warrant of entry, search and seizure issued by Magistrate Thandi Baleseng on July 19, 2019. The applicant in this matter is the BPS.
“Having performed my analysis, I conclude that the devices (computers and mobile phones) I received for analysis do not contain any evidence in relation to the case.
There is no indication that they were once used to take or receive the information sought by the investigation. No communications were recovered in relation to the investigation.”
Keeditse signed his expert report on August 9, 2020 and the devices were returned to Kebonang and Basimanebotlhe on March 6, 2019. Meanwhile, the State case against Kgosi continues on May 24, 2020 before Magistrate Lenah Oahile-Mokibe. On Tuesday, defence attorneys, Unoda Mack and Thabiso Tafila, filed further particulars before Kgosi could take a plea. Mack told the court that nothing was filed since their last request on February 2019. Mack wanted the prosecution to file the results of the forensic report analysis and certified copies of the photos that Kgosi is accused of having disclosed.
Prior to Mack’s request, the State Counsel Thato Dibeela submitted that they were happy to report that the two cellphones were returned to Kgosi. As such, she asked that a trial date be set.
“The court will note that we have met as parties concerned in this matter and we have filed in court minutes of such meeting. The parties have agreed to disagree,” Dibeela said.
Oahile-Mokibe ruled that the defence team will file their request for further particulars on March 11, 2020 and the State will respond on March 19, 2020.