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