Continued detention of the “gold mafia” is illegal, release them now, lawyers tell DEC
LAWYERS representing five Egyptians detained in connection with the unfolding gold saga have demanded their immediate release branding their detention as illegal.
Eric Silwamba, Jalasi and Linyama legal practitioners have since filed a writ of habeas corpus before the Lusaka High Court.
The five identified as Micheal Adel, Michel Botros, Walid Abelsayed, Yasser Elshishtawy, Mounir Gerges Awad and Mohamed Gouda were on August 14, 2023 arrested by the DEC in connection with a foiled gold scam deal involving US$5.7 million.
The suspects arrived at Kenneth Kaunda International Airport aboard a private jet for a shady business deal which was frustrated when the DEC intercepted the jet which was laden with 602 ‘fake’ gold bars weighing 127.2 Kg.
Other items seized on the Global Express T7-WW aircraft are seven magazines, 126 rounds of ammunition five firearms and travel permits belonging to the suspects.
The DEC in a joint operation with other law enforcement agencies, conducted an operation at the airport after an alarm was raised that a plane had touched down at the airfield to smuggle out minerals.
However Eric Silwamba, Jalasi and Linyama legal practitioners claimed that the suspects and aircraft crew were denied access to their lawyers the search of their jet contrary to the constitution.
The firm said the suspects were detained at Chelstone police station without being charged with any offence as confirmed by DEC director general Nason Banda during a press briefing on August 15, 2023.
“On August 16, 2023 the officers warned and cautioned the suspects on the premise that they were investigating a case of false information to a public officer. The warn and caution statements are incompetent and irregular as the same is premised on a repealed law,” the writ read.
The Egyptians’ lawyers said the continued detention of the ‘mafias’ is illegal as the DEC’s powers to detain a person without charging them has elapsed.
The quintet indicated that it will not participate in searching the plane as the process is illegal, but gave the Commission a leeway to comb through the aircraft which is under their control.
“All the subsequent searches conducted after the said seizure will not in any way invite our client to be held liable in any way as the responsibility of any outcome solely lies on DEC,” read the document further.
“Our instructions at this stage are to take out the ancient writ of habeas corpus ad subjiciendum and demand that our clients be released forthwith and caused to appear before the High Court for you to show cause why you have continued to detain them without a charge.”
So far, DEC has confirmed the arrest of nine foreigners and four Zambians in connection with the scam.
The commission is yet to comment about the apprehension of gold dealer Shadrek Kasanda yesterday.
By Mwaka Ndawa
Kalemba
