A sum of US$5 million seized in the gold scandal has been surrendered to the Zambian government while the Drug Enforcement Commission (DEC) released the jet plane to its owners, after the Director of Public Prosecutions and the interested parties in the criminal case entered into a consent judgment.
According to a consent judgement signed on April 10, 2024, Egyptian Michael Adel Michel Botros, agreed to surrender US$5 million to government.
Read more: Govt applies for non-conviction forfeiture of jet used in gold scam scandal
The DPP, Gilbert Phiri, on the other hand, consented to the immediate release of the the aircraft, namely, Global Express T77WSS Jet, to its owners, World Aviation Sinai International Mountains Limited and Ibis Air PTY Limited.
The Jet is owned and registered in the name of World Aviation Sinai International Mountains Limited and registered with the San Marino Civil Aviation Authority.
Ibis Air is the management company that has been engaged by the owner.
The parties further agreed on the other properties seized comprising of 602 pieces of brass pellets (a combination of Copper and Zinc metals, weighing 127.28 kilograms purported to have been valued at about US$7,636,800 from Zambia to Egypt.
The consent judgement read, “that DEC shall release the aircraft, namely, Global Express T77WSS Jet, to the first and second interested parties forthwith:
That the third interested party Michael Adel Michel Botros shall surrender the sum of US$5,000,000.00 only to the government of the Republic of Zambia.
That the sum of Us$697,700.00 be released to the third interested party Michael Adel Michel Botros through his advocates to cover some of the attendant costs of facilitating and servicing the aircraft, namely, Global Express T77WSS Jet in order for it to achieve optimal airworthiness.
All other items seized by DEC be surrendered to the State: and we consent to the order in the terms herein set out.”.
A panel of three Judges: Vincent Siloka, Pixie Yangailo and Ian Mabbolobbolo passed the consent judgement.
Sources at the Kenneth Kaunda International Airport confirmed that the Jet had left Zambia.
In an affidavit in opposition to the DPP’s application filed last year, Ibis Air (PTY) Limited director, Baher Fawzi Mohamed Aldamasy, an Egyptian and a resident in South Africa stated that the State’s procedure of seizure was irregular as the Forfeiture of Proceeds of Crime Act describes the Jet as premises and not property.
Mohamed Aldamasy said that the owner or Ibis was under no obligation to inquire into the work history or activities of the client beyond that which is necessary to determine the rates, safety of the jet and operation as per the International Civil Aviation Organization (ICAO).
He stated that the Jet was hired to be used for three hours with the flight plan indicated Cairo to Lusaka and then Lusaka to Cairo.
Botros had argued that he was a victim of a gold scam which also involved government officials.
In this matter, the DPP wants an order to have the jet used in the gold scam scandal forfeited to the State.
According to the notice of motion which was filed, investigations revealed that the Egyptians attempted to smuggle the 602 pieces of brass pellets (a combination of Copper and Zinc metals, weighing 127.28 kilograms purported to have been valued at about US$7,636,800 from Zambia to Egypt.
Five Zambians, business man Sedrick Kasanda, Patrick Kawanu Jnr(Pilot), Jim Belemu(Mahogany Air Chief Executive Officer), Robson Moonga, and Francis Mateyo are undergoing trial in the Lusaka High Court on charge of espionage.
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