18 Nov 2019

Justice Michael Mothobi has set Friday (November 22) as the date for Wilhelmina Maswabi’s bail application to be heard by Botswana High court.

Maswabi, the Directorate of Intelligence and Security Services (DIS) agent popularly known by her security codename ‘Butterfly,’ is undergoing trial before Regional Magistrate - South Masilo Mathaka, charged on three counts of possession of unexplained property, financing terrorism and false declaration of passport.

Having been arrested on October 17, her legal representatives; Unoda Mack, Uyapo Ndadi and Phatshimo Mphetolang had, late October, approached the High Court with a bail application that was rejected by Judge Christopher Gabanagae.

Subsequently, an urgent application for bail was submitted to the High Court by Maswabi’s representatives on November 14 on the grounds that the arguments that had been presented by the state and admitted by the court in denying her bail lacked credibility.

On the morning of November 18, the urgent application was presented before Judge Mothobi.  The respondents in the case, represented by state counsel Omphemetse Makale, admitted that they had been served with the urgent application papers by the applicants on November 14, but had only received notice that the matter was being heard on Monday on the morning of the same day.

As such, Makale, who confirmed to the court that the state opposed the bail application, pleaded with the court to be given more time to file a responding affidavit, which he said would be ready by the close of business on Tuesday.

Although both the applicants and the respondents in the matter had proposed Wednesday (November 20) for the matter to proceed, Justice Mothobi offered Friday afternoon, owing to his schedule during the week.  Though preferring an earlier hearing since they said they regarded the matter as urgent since Maswabi had been incarcerated for a month already, the respondents, through Mack, agreed to a Friday hearing after he had briefly conferred with the client and then Ndadi in court.

Justice Mothobi ruled that the respondents, the Directorate of Public Prosecutions (DPP) should file and serve their responding affidavit by no later than Tuesday, November 19 by 16:30; that both the applicants and the respondents are directed to serve and file their heads of arguments by the close of business on Thursday, November 21; and that arguments would be set for Friday afternoon (November 22). ENDS