Butterfly's attorneys uncover State's alleged lies


Directorate of Intelligence and Security (DIS) agent, Welheminah Mphoeng Maswabi known by her codename ‘Butterfly’ says her attorneys have uncovered a series of false statements, fabrications and manufactured evidence by the State, which were used to deny her bail.

Maswabi, a senior intelligence officer for the spy unit who is facing charges such as financing terrorism, has made an urgent application for bail following revelations that she was denied bail on false and fabricated evidence.

“The evidence previously used in court for my bail hearing was nothing but the State’s imagination,” she said.

In her founding affidavit for an urgent bail application filed yesterday, Maswabi said her attorneys in their quest for the truth uncovered that the evidence used against her in court was manufactured.

“Justice Gabanagae denied me bail relying on the false evidence manufactured by the State, which evidence was malicious and defamatory,” she said.

Maswabi explained that her attorney in particular Uyapo Ndadi, has investigated the genuineness of the allegations made by the State in the affidavit deposed in court by Directorate on Corruption and Economic Crime investigator Jako Hubona that was filed in opposing her bail application and it turned out it was deliberately fabricated by the State.

According to her affidavit, the accounts she is accused of being a signatory to, Blue Flies held at ABSA, and Fire Flies held at Nedbank, were all lies and that the documents the State presented before court as agreement evidence were all lies.

She also submitted that her attorney uncovered that while in South Africa and that both banks have written letters denying such accounts exits with them or that there was any agreement made.

She explained that her attorneys engaged Basileus Consilium Professional Services, who are forensic experts and investigators in South Africa to investigate, amongst other things, whether the companies Blue Flies Inc., Fire Flies Inc. and Royal Bank of Scotland are registered companies that operate in South Africa and if so, who their directors and shareholders are.

“Johan Benjamin Minnaar, who is a Senior Digital Forensic Analyst, carried out a company search and the results show that the said companies are not registered in South Africa and consequently are non-existent, Minnaar has produced an affidavit to such effect.

The findings by the experts show that the State was hell-bent on manufacturing evidence in order to charge me with offences I did not commit,” she said.

On the State’s allegation that there was e-mail communication between her and ex-spy chief Isaac Kgosi, she said the e-mails were falsified and that many things that were found in e-mail correspondences were missing, which the expert Minnaar, in his report also confirmed.           

“I wish to boldly state that I have never been romantically involved with Mr. Kgosi and the allegation by Thulaganyo Rabogadi to Hubona’s affidavit that I shared a room with him while on an official work trip is a lie aimed at satisfying a malicious and false narrative,” she pointed out.

On the passport she allegedly possessed and was refusing to return, Maswabi explained that they were used for intelligence missions abroad, which was done with the agreement of her employer and Head of Immigration Department at the time.

 Maswabi said it was therefore not true that she was armed with multiple passports arguing that the State failed to prove that before court, noting that even after the numerous searches at work and at her house, no such multiple passports were found, because they are not there.

“The State also alleged that I am a globetrotter and that I have recently been to many places and that between 2017 and August 2019 I have been to 18 European countries, 17 African countries, 13 Asian countries and five US States.

This is a lie and my passport, which the State has in its possession, will bear testimony to the contrary. I challenge the State to favour the court with evidence supporting their assertion,” she challenged.

She also disclosed that on the day she was arraigned (October 18, 2019) and on several occasions before, DIS director general Peter Magosi repeatedly asked her questions about Kgosi’s previous dealings at the DIS and said if she told him the truth and assist in discovering Kgosi’s criminal wrongdoing, he will protect her.

“I have consistently told Mr. Magosi that I am not aware of any of Mr. Kgosi’s criminal activities or wrongdoings.”

He also claimed that Magosi went on to say that if she told him the truth regarding Kgosi’s criminal activities, he would be able to save her within 14 days, if she did not, he would not be able to and she will languish in jail.

“I therefore regard my remand as an attempt to break me in order to provide damning evidence against Mr. Kgosi, which evidence I do not have. I am not about to start lying as requested by Mr. Magosi.”

Maswabi submitted that on the basis of the new evidence and the discovery that the State had fabricated evidence against her, she was entitled to renew her application for bail.

Meanwhile, Maswabi appeared yesterday before Regional Magistrate court where the State indicated that investigations were still ongoing and requested further remand.

Her attorneys did not object except to only say they had nothing to say. Ndadi and Unoda Mack represent Maswabi in this case.

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