State to return drugs to dealer

Correspondent | Thursday June 5, 2014 09:03

Yesterday, Principal Magistrate at the Village Magistrate Court in Gaborone, Goodwill Makofi ordered prosecutor, Wesson Manchwe to show cause within a week why the drugs seized from Azevedo on March 23 at the Sir Seretse Khama International Airport should not be returned to her. 

The South African was convicted in April and ordered to pay a fine of P5,000 but the court did not specify whether the drugs should be returned to her or not. This prompted her lawyer to apply for the return of the substance that can be used to make hard drugs like ecstasy, heroine or mandrax. Ephedrine can also be used for medicinal purposes, to treat asthma.

In Botswana, it is listed as a controlled and not a banned substance like hard drugs. This means its illegal possession attracts a fine, unlike hard drugs, whose possession attracts prison terms. Makofi ordered the Directorate of Public Prosecutions to submit their position to the court about forfeiting drugs that are not classified as habit-forming. 

Earlier, Azevedo’s attorney, Friday Leburu told the court that his client’s drugs were confiscated on the basis that she should have applied for a permit to posses them. He said the drugs were confiscated while she was on transit to South Africa. Manchwe pleaded with the court for a week to prepare the argument against the return of the drugs, which Leburu agreed to, noting however that he did not believe the state needed more time. The parties will be in court again on June 10