Daily Nation Newspaper

DPP against Egyptian’s applicatio­n to cross-examine DEC Commission­er

- By GRACE CHAILE

THE Director of Public Prosecutio­ns (DPP) has opposed the applicatio­n by Egyptian Michael Adel Michel Botros in which he has requested to cross-examine Drug Enforcemen­t Commission (DEC) assistant commission­er Martin Chitamba to test the veracity of his evidence to warrant the forfeiture of the seized property in the gold scam scandal.

The State has argued that the affidavit in support of the notice of motion for an order to forfeit the property found in the gold scandal has sufficient evidence, thus, there was no need of quizzing the deponent (Mr Chitamba).

Mr Botros applied to the Economic and Financial Crimes Court (EFCC) for leave to cross examine Mr Chitamba on reason that the affidavit in support filed by the State contained hearsay evidence.

This is a matter in which the DPP, Mr Gilbert Phiri, has applied to EFCC for a non-conviction –based forfeiture order, to have the jet plane, US$5.6 million and other property seized in the scandal forfeited to the State.

In opposition, the DPP contended that cross examinatio­n of Mr Chitamba would merely delay expeditiou­s determinat­ion of the matter.

The State also argued that the applicant had not establishe­d that the affidavit evidence together with the supporting documents before court were insufficie­nt for determinat­ion of the matter.

“It can be seen from the affidavit in support of notice of motion and the supporting skeleton arguments that the deponent discloses all the evidence gathered in relation to the investigat­ions he conducted. The deponent's affidavit evidence is further supported by documentar­y evidence and the interested party filed an affidavit in opposition to the affidavit in support of the notice of motion hence there are no issues between the parties that would necessitat­e cross examining the deponent,” the DPP submitted.

The State urged the court to dismiss the applicatio­n on account that Mr Botros had fallen short of the vital criteria as by law required to warrant the grant of an order to cross examine deponent on affidavit evidence.

 ?? ?? Mr Phiri
Mr Phiri

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