EGYPTIAN WANTS DEC OFFICER CROSS EXAMINED IN GOLD SCANDAL

EGYPTIAN Michael Adel Michel Botros has filed an application to have Drug Enforcement Commission (DEC) investigations officer, Martin Chitamba cross examined on contention that the affidavit in support of the notice of motion for an order to forfeit to the state the properties found in the gold scandal contains hearsay evidence.

This is a matter in which the Director of Public Prosecutions (DPP), Mr Gilbert Phiri, has applied to the Economic and Financial Crimes Cour t- High Court, for a non-conviction – based forfeiture order, to have the jet plane, US$5.6 million and other properties seized in the scandal forfeited to the State.

But Mr Botros, an interested party in the matter opposed the application, stating that he was a victim of a gold scam which involved government officials and security personnel.

According to skeleton arguments in support of notice of intention to cross examine the deponent, Mr Chitamba, Mr Botros contended that he needed to be cross examined to test the veracity of the evidence.

"We submit that the evidence contained in the affidavit of one Martin Chitamba dated October 10, 2023, contains hearsay evidence and the interested party Michael Adel Michel Botros is well within his right to make an application to cross examine deponent by way of notice." Further, the affidavit deposed by one Chitamba is riddled with speculation and contentious issues that require cross-examination to allow the applicant to cross examine the deponent for justice to be fairly dispensed," he submitted.

The joint investigations team seized from the jet US$5, 697, 700.00, 602 pieces of suspected gold, five pistols with 126 rounds of ammunition and 11 pistol magazines, a drilling machine and a Central Processing Unit (CPU).

In the affidavit, Chitamba stated that the airspace application form completed by IBIS air showed that they had falsely declared that the aircraft was not carrying any cargo, when in fact there was money, firearms and rounds of ammunition on the said aircraft,” he said.

Chitamba also stated, “that the flight plan indicated that the aircraft would depart Cairo for Lusaka on August 13, 2023, with five passengers on board and three crew members, and return the same day after a business meeting, contrary to assertions that the aircraft was enroute to South Africa.”