Mbabane: Five Filipino nationals arrested during a large-scale crackdown on alleged illegal gambling operations have told the court that their relocation to Eswatini was presented to them as a promotion accompanied by better pay and benefits.
The women; Trishia Mae Legaspi, Keziah Shem Bitagan, Morano Sheila, Maricar Langue and Greem Del Henmino are among more than 100 individuals apprehended during raids conducted in March. They are currently detained at Mawelawela Correctional Centre.
The five applicants have approached the court seeking bail, an application that is being opposed by the Director of Public Prosecutions (DPP) represented by Prosecuting Counsel Nomkhosi Dlamini.
According to the founding affidavit deposed by Legaspi, the first applicant, the group was previously employed in the Philippines by a company identified as X-Win, where some had worked for up to three years as customer service consultants.
Legaspi stated that they were informed of a transfer to Eswatini, which they understood to be a promotion accompanied by a significant raise in remuneration. She said the employer undertook to cover their travel and accommodation expenses.
“We submitted our passports for the processing of our travelling arrangements including the necessary entry permits and work permits,” she stated.
The applicants travelled to Eswatini and entered the country through King Mswati III International Airport. From there, they were transported to their residence in the Woodlands area in the Hhohho region.
However, Legaspi stated that upon arrival, they had not yet begun working and were still awaiting induction and further instructions from their employer when they were arrested on March 20.
“At the time, we had not started working nor had we been paid for our services as we were informed that there were certain logistics that were still being taken care of,” she said.
The five women face multiple charges. These include two counts under the Immigration Act No. 17 of 1982 for allegedly entering and remaining in Eswatini without valid permits and engaging in employment without authorisation.
They are also charged under the Money Laundering and Financing of Terrorism (Prevention) Act No. 6 of 2011, as well as the Gaming Control Act No. 7 of 2022.
According to the charge sheet, the applicants are accused of acting in common purpose with others to unlawfully acquire, possess or use E902 638, allegedly derived from criminal activity linked to immigration offences.
However, in her affidavit, Legaspi denied the allegations, stating that no money was found in their possession at the time of arrest.
“There was no money found in either of our possession during our arrest and this is a pure fabrication by the Respondent,” she said.
She further alleged that the additional charges under the Money Laundering Act and Gaming Control Act were introduced after their initial arrest, describing this as an attempt to frustrate their bail application.
“Evidence of this is that when we were arrested, there was no charge laid against us in respect of the Money Laundering Act and the Gaming Act. We were simply facing the Immigration charges,” she stated.
Legaspi said that after they applied for bail on the initial charges, the Crown amended the charge sheet to include a money laundering allegation involving E48,000. She added that on the day of the bail hearing, the amount was revised again to the current figure of over E900,000, forcing them to abandon the bail application before the magistrate.
She further contended that no application had been made in their presence for the detention of the alleged funds, suggesting that there was no formal exhibit supporting the charge.
“The Crown is simply frustrating for reasons best known to it because had it not been for the trumped-up charges, the immigration issue should have been dealt with and finalised by now,” she stated.
In seeking bail, the applicants submitted that they posed no flight risk, noting that their passports are currently held by the Ministry of Home Affairs.
“Without the said passports, we have no means to leave the jurisdiction of the above Honourable Court,” Legaspi said.
They also argued that they are unlikely to interfere with witnesses or evidence, stating that they do not know the witnesses and are unaware of the nature of the evidence against them.
The applicants further submitted that their continued detention is not in the interests of justice, as they do not pose a threat to public safety and are unlikely to undermine the criminal justice system if released.
They emphasised that they intend to plead not guilty and believe they have good prospects of success in their defence.
Legaspi also highlighted personal circumstances, stating that she is the mother of a six-year-old boy who depends on her for support, and that her continued incarceration is causing prejudice to her child.
Similarly, Bitagan, in her supporting affidavit, stated that she is 23 years old and has a two-year-old daughter who relies on her for maintenance and support.
In her affidavit, Bitagan confirmed that she arrived in Eswatini on February 22, after being offered employment by X-Win and was awaiting instructions on when to begin work at the time of her arrest.
She also stated that she had a valid entry permit upon arrival and that an application for its renewal had already been submitted and was pending with the relevant authorities.
Morano Sheila, the third applicant, also confirmed that she had been working for X-Win in the Philippines for two years before being offered a promotion that required her to relocate to Eswatini.
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