02 Jun 2014

Village Principal Magistrate Mr Goodwill Makofi will on Wednesday June 4, deliver judgment on whether a defence lawyer representing convicted South African drug mule is entitled to apply for the return of the drugs without her taking a witness stand.

Tamara Luis Azevedo’s lawyer Friday Leburu recently applied for the return of the 20 kg ephedrine drugs which were seized from her when she arrived at Sir Seretse Khama International Airport, as she did not have an importation permit.

The drugs were in transit to South Africa. Azevedo has since paid a P5000 fine imposed by the court.

However in convicting her, the court did not make any pronouncement as to what should happen with the drugs.Thus Mr Leburu at the instance of Azevedo, applied for its return to her.

However attorney Wasson Manchwe from the Directorate of Public Prosecutions (DPP) argued the application had not been brought properly before court as the owner of the drugs should have taken the stand before entrusting Leburu with power of attorney.

He therefore argued Azevedo should be called to prove before the court that she was indeed the one applying for the said drugs as anyone could lay claim to the consignment.

However Mr Leburu who said he had followed procedure when making his application for the return of the drugs. Magistrate Makofi’s ruling is expected to draw a lot of interest from the legal fraternity as it will be to setting a precedent.

Ephedrine is not a habit forming drug and is listed under Schedule two of Drugs and Related Substance Act, which means it is not illegal for one to possess it, although under normal circumstances it should be in custody of a licensed pharmacist for purposes of control.

Used alone can be used for medicinal purposes, such as treating asthma, enhancing appetite and increasing level energy among its many uses. It can be bought over the counter just like any anti-biotic and as such its penalty is not as high as that for habit forming drugs.

Such drugs include heroine, ecstasy and mandrax among others. Of late drug mules, who are usually women from poor backgrounds, have been using Botswana as a transit route for the transportation of ephedrine through road.

They would have transported the drug from Kenya where it would have arrived from India. Importation of ephedrine without the consent of the director of health service attracts a fine of up to P20 000 and/or imprisonment term of two years. Ends