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Government has objected to allegations by Egyptian, Michael Adel Michel Botros, that the affidavit evidence deposed to by Drug Enforcement Commission assistant commissioner Martin Chitamba was riddled with hearsay.
Director of Public Prosecutions, Gilbert Phiri, argued that there was sufficient affidavit evidence allowing for the determination of the matter, and that it was, therefore, unnecessary to have Chitamba cross examined by the interested party.
Botros was seeking leave of the Economic and Financial Crimes Court to cross examine Chitamba to test the veracity of the evidence submitted on the matter the DPP applied for a Non-Conviction Based forfeiture order of the seized properties in the Kenneth Kaunda International Airport gold scam scandal forfeited to the State.
Read more: Egyptian, Botros, asks court for leave to cross examine drug enforcement commissioner
Among the properties seized were the Jet plane,US$5.6 million and fire arms.
Botros contended that the evidence deposed in the affidavit by Chitamba contained hearsay.
However, the State has responded with an objection to the application, urging the court to dismiss it.
“We submit that the deponent Mr Martin Chitamba deposed to the affidavit in support of notice of motion in his capacity as the investigating officer in the matter and was therefore competent to swear the affidavit from information and knowledge gained in that capacity,” the State submitted.
It added, ” It is unfounded that the interested party would argue that affidavit evidence of the deponent contains hearsay evidence when the deponent exhibited all the necessary statements and documents in support of his affidavit evidence thereby complying with the rules of presenting affidavit evidence before court,”.
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 added 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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