12 Jun 2014

Principal Magistrate Goodwill Makofi of Village is expected to make a ruling on whether the state should return ephedrine drugs to a convicted drug mule after her lawyer made the application.

This case saw Magistrate Makofi and deputy director of the Directorate of Public Prosecutions (DPP), Mr Wesson Manchwe squaring with each other as the latter wanted the court to make a ruling for the drugs' forfeiture though there was no provision in the law allowing such.

During a heated submission, Mr Manchwe who argued that the application before court was not properly made, was out rightly dismissed by the magistrate as he referred him to his ruling that defence lawyer Mr Friday Leburu had and still hasd the power of attorney as instructed by his client.

Mr Manchwe also noted that the drugs should not be returned to the convicted drug mule because they did not enter the country lawfully in the first instance as doing that will be tantamount to condoning drug peddling.

He however, acknowledged that ephedrine was not a habit forming drug as it fell under Schedule Two of Drug and Related Substance Act, which did not advocate for such drugs to be forfeited of such drugs as opposed to Schedule One drugs, which habit forming drugs.

Meanwhile, Magistrate Makofi said the state had failed during the course of trial to show that the drugs did not belong to Tamara Louis Azevedo, who was earlier convicted for importing of the drugs without the consent of the director of Public Health Services and fined P5 000 or six months imprisonment in default of payment.

He said the act was clear as to what should happen to the drugs after completion of the case and this empowered either of the parties in the case applying for their return.

In this case he said, Azevedo through her lawyer, properly applied for them and therefore challenged Mr Manchwe to show any provision which could stophim from granting the applicant the drugs.

Asked whether there was anything he would like to say or respond to following Mr Manchwe’s submission, Mr Leburu said there was absolutely nothing as the court had dealt with most of the issues which he too submitted in his application.

The court is expected to make its ruling on June 26, 2014. ENDS