05 Feb 2015

A South African drug mule, who was convicted and fined for unlawful importation of ephedrine drugs into the country, reportedly died in South Africa mid December, 2014 after a short illness.

Tamara Azevedo had throug,h her lawyer, applied for the return of the drugs to her and her case was due to be heard in March this year before Justice Godfrey Nthomiwa of Lobatse High Court.

Her lawyer, Mr Friday Leburu confirmed that his client was no more and that the case would automatically collapse as the deceased had not appointed an estate agent who could pursue the case on her behalf should she become incapacitated or die.

The case, which was the first of its kind in Botswana, came shortly after Principal Magistrate Goodwill Makofi handed down the judgement but did not pronounce as to what should be done with the drugs as they did not automatically return to the state once the case had been dealt with.

The law dictated that either of the two concerned parties in the case could apply for the return and custody of the drugs and in this case the director of Public Health Service was supposed to apply for their return after being advised by the prosecution while Azevedo was to apply through her lawyer.

However, the application for the drugs should be done within reasonable time after the disposure of the case and if the convict and the director of Public Health Service could stay for a period of three months without showing any interest in the drugs, they would automatically be given to the director of Public Health Service.

In Azevedo’s case, she applied for them and the state vehemently opposed the move arguing that the magistrate should automatically hand them to the state. 

It argued that the magistrate had the power to do so while Magistrate Makofi challenged the prosecution to show him where it was stated in law that he should surrender them to the state.

Acknowledging the complexity of the case, Magistrate Makofi finally recused himself from the matter and advised the warring parties to refer the matter to a new court.

Following the magistrate’s advice, the prosecution took up the matter to the High Court and it was to file heads of argument before defence lawyer could reply, thus opening the door for them to come and motivate their arguments before the High Court.

 Azevedo was arrested at Sir Seretse Khama International Airport (SSKA) March 2014 upon arrival from India via Kenya where she had connected. 

Upon being searched by customs and police officials, they discovered 20 kg ephedrine hidden in her suitcase. She was subsequently fined P5 000 or six month imprisonment in default of payment.

After paying her fine, she went home and returned only after the court sought for her presence in the application for the return of the drugs, which fell under Schedule Two of Drugs and Related Substance Act. ENDS