05 Jun 2014

Chief Magistrate Goodwill Makofi has ruled that the procedure taken by defence lawyer in a case in which he was applying for the return of exhibits to the owner was in line with court procedure as no rule was flouted.

Delivering the ruling at the Village Magistrate Court on June 4, Chief Magistrate Makofi noted that Mr Friday Leburu, who was representing a convicted drug mule, who was arrested for importing ephedrine drug into the country without the director of health service's consent had followed the right procedure.

He said though he acknowledged arguments raised by senior state counsel, Mr Wesson Manchwe that the owner of the drugs should have taken the witness stand, it did not hold because Mr Leburu still had the power of attorney as instructed by his client soon after the finalisation of the first matter.

As such he gave the state a last chance to file their counter arguments against Mr Leburu’s application which sought the court to return the 20 kg ephedrine drug that the police seized from Tamara Louis Azevedo upon her arrival into the country at Sir Seretse Khama Airport from India via Kenya.

Azevedo was later fined P5 000 or six months imprisonment in default of payment after her own plea of guilty. She has since paid her fine and returned to South Africa.

Magistrate Makofi meanwhile noted the state should appraise itself with the definition of drugs and habit forming drugs as listed in the Drugs and Related Substance Act schedule. In addition, the state should submit why the court cannot give attorney Leburu the drugs back on behalf his client, Azevedo.

Ephedrine is not a habit forming drug and is listed under Schedule Two which does not make it illegal for one to possess it in Botswana though under normal circumstances, is should be in custody of a licensed pharmacist for purposes of control.

On its own it can be used for medicinal purposes, such as treating asthma, enhancing appetite and increasing level energy among its various usages. It can be bought over the counter just like any anti-biotic and as such its penalty is not as high as first scheduled drugs which are habit forming drugs.

Such drugs include heroine, ecstasy and mandrax among others. Importation of ephedrine without the consent of the Director of Health Service attracts a fine of up to P 20 000 and imprisonment term of two years.

In the meantime, this case which is posed to set a precedent, should attorney Leburu win it, is scheduled to be back in court next Tuesday, June 10. Ends