A CYBER security specialist at Zambia Information and Communications Technology Authority (ZICTA) has testified in court that the report he conducted did not show who destroyed the evidence in a case former President Edgar Lungu’s press aid, Amos Chanda is charged with theft and destroying of evidence.
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Mr. Jeff Sitali, 28, when asked in
cross examination by one of the defence lawyers Mr. Agrippa Malando said the
report he conducted did not show a person who destroyed the evidence and it
only contains the recording extracted from a recorded vice.
When asked if Mr. Sitali was lying
to the court when he said the audio was recorded on September 30, 2022 at
02:55am when an Investigations officer who testified earlier told the court he
recorded it at 22hrs? He said it was according to his findings.
It is alleged that Chanda on
September 30, 2022 was heard having a conversation with Intelligent Mobility
Solutions board chairman Walid El Nahas and former Road Transport and Safety
Agency (RTSA) Chief Executive Officer, Zindaba Soko that he got the court
record containing proceedings relating to a case where nolle prosequi was
entered in their favour and destroyed it by burning it.
The record that was allegedly burnt
was in connection with a case in which he was the third accused person in a
matter he was jointly charged with Mr El Nahas and Mr Soko but the Director of
Public Prosecutions (DPP) on May 12, 2020 entered a nolle prosequi and the
three were discharged of the offence.
In this matter, Chanda pleaded not
guilty to one count of theft contrary to Section 272 of the Penal Code Chapter
87 of the Laws of Zambia and one count of destroying evidence contrary to
Section 111 of the Penal Code Chapter 87 of the Laws of Zambia. Mr. Sitali
narrated that he extracted four recordings and a report from the recording
device and attached it to final report which was before the court.
He said he extracted the audio on
September 30, 2022 after a request by officers from the Drug Enforcement
Commission (DEC).
“I received a request on
January 6, 2023 by DEC, in relation to extraction of information in a matter
involving distraction of evidence, to extract audio made on September 30, 2022
on a recorded device. Through that device I created an image of a Sony record
after the retraction I analysed the image using a software tool called
universal forensic extraction device UFED physical analyser.”
I proceeded to check for the audio
recording produced on 30 September and I extracted four recording and a report
which I attached to my finals report and copied the audio files to the CV label
Zicta,” he submitted.
And a Waiter at Neelkanth Sarovar
Premiere hotel, Mr. James Habasimbi,33, told magistrate Irene Wishimanga that
on September 30th, 2022 around 22hrs he was instructed to serve food and drinks
at table number 24 where Chanda had sat together with his colleagues Mr El
Nahas and Mr Soko.
Mr. Habasimbi testified that on
September 30, 22 he was on duty from 14hrs to midnight and he was given some
allocation to serve a regular guest named Mr. El Nahas.
“I was just serving his table
where he had sat and the other guest joined. When I was about to knock off
around 22 and 23 another guest joined named Mr. Amos Chanda. I know he was Mr.
Chanda because is a public,” Mr Habasimbi testified.
Mr. Habasimbi further told the court
that after everything, he presented the bill to them amounting to K6,374 which
Mr El Nahas paid and signed.
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