23 Nov 2019

High Court’s Justice Michael Mothobi on Friday, November 22, granted bail to Directorate of Intelligence and Security Services (DIS) computer programmer Wilhelmina Maswabi, the agent popularly known by her codename ‘Butterfly’.

Justice Mothobi ordered the bail with immediate effect on condition that Maswabi does not interfere with any of the state witnesses and that her passport remains in the custody of the investigation officer at Gaborone West Criminal Investigation Department (CID). She can only make a request to have the passport after three months.

Also, Maswabi is to report once a month to the officer in charge at the Gaborone West CID; she is also not allowed to tamper with investigations.

During the hearing, state prosecutor, Mr Omphemetse Makale revealed that the state, the respondents in the bail application, had filed a motion of notice of non-opposition to Maswabi's application.

At the request of Justice Mothobi, Mr Makale presented a list of state witnesses that Maswabi is urged not to interfere with, which include former director of Immigration and Citizenship, Mr Mabuse Pule, who is currently the Deputy Speaker of the National Assembly as well as Directorate on Corruption and Economic Crime (DCEC) investigator Mr Jako Hubona, among others.

Mr Makale also revealed that the state would make an application for the case to be heard in camera in future, to which Justice Mothobi responded that his immediate preference would be for an open trial in order to allow the public and press to follow the legal process and acknowledge its transparency.

However, Justice Mothobi said the state would be allowed to present the request and convince the court of the merits of that plea, either before his court during the upcoming sitting over the costs, or at the Regional South magistrate court, where the case against Maswabi is being tried.

Unoda Mack, who represents Maswabi alongside Uyapo Ndadi and Phatshimo Mphetolang, said the failure of the state to file a responding affidavit to their bail plea and subsequent non-opposition gave currency to Maswabi's founding affidavit.

In it, Maswabi had protested her innocence and claimed that evidence presented before the court against her had been fabricated and that the state had deliberately withheld relevant evidence.

Mack motivated that under such conditions, Maswabi, who had been imprisoned since October 17, deserved bail.

Justice Mothobi reminded applicants that a bail application is granted at the pleasure of the court, and even if the state did not oppose it, he still had to use his discretion as a High Court judge.

However, having considered the bail application affidavit presented by the applicants, and the fact that the applicants and respondents had agreed on bail conditions, Justice Mothobi pronounced that Maswabi should await trial while on bail.

The respondents and the applicants in the bail hearing were ordered to appear again before Justice Mothobi for arguments on who should bear trial costs at a date that was not immediately pronounced in court.

Maswabi’s trial before Regional Magistrate - South Masilo Mathaka is continuing on Wednesday, November 27. She is charged on three counts; possession of unexplained property, financing terrorism and false declaration of passport. Ends