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Egyptian, Botros, asks court for leave to cross examine drug enforcement commissioner

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Egyptian national, Micheal Adel Michel Botros, has asked the Economic and Financial Crimes to allow him cross examine the Drug Enforcement Commission (DEC) Assistant Commissioner, Martin Chitamba.

Botros is seeking to test the veracity of the evidence submitted in the matter the Director of Public Prosecutions was seeking an order to have the seized properties in the Kenneth Kaunda International Airport gold scam scandal forfeited to the State.

He argued that the evidence deposed to in the affidavit by Chitamba contained hearsay or not credible.

Read more: Foreign nationals involved in gold scandal uncooperative, delaying court processes —DEC

Botros stated that the contained affidavit was riddled with speculation and contentious issues that required cross-examination of the deponent (Chitamba) in order for justice to be fairly dispensed.

“We submit that in an instance wherein an affidavit contains hearsay evidence the court has the discretionary power to order that a deponent of the affidavit be cross-examined. This will allow the veracity of the evidence of that Deponent to be tested,” he submitted.

On October 10, 2023, the DPP filed a notice of motion seeking a Non-Conviction Based forfeiture order of the Jet plane,US$5.6 million and other properties seized at the Airport.

Chitamba submitted that the said properties which also included 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) were tainted.

He submitted that Botros lied that the aircraft was not carrying any cargo, when in fact there was money, firearms and rounds of ammunition on the said aircraft.

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