Just my cases keep all courts busy: Nawaz

ISLAMABAD: The accountability court resumed hearing of corruption references against former premier Nawaz Sharif and his family on Tuesday.

The court admitted for hearing the National Accountability Bureau’s supplementary reference in the Avenfield case. Nawaz's counsel Khwaja Harris objected to NAB's filing of the supplementary reference, arguing that there is nothing new in the supplementary reference.

He pleaded the court not to accept the supplementary reference as it was not as per the Supreme Court's directives. However, the judge rejected the plea and accepted the supplementary reference.

All the witnesses were issued notices to appear before the court to record their statements. NAB pleaded with the court to allow the UK-based witnesses to record their statements via video link.

The National Accountability Bureau (NAB) had filed three corruption references against the Sharif family in September last year in the light of Supreme Court’s July 28 verdict in the Panama Papers case.

The references against the Sharif family pertain to the Al-Azizia Steel Mills, offshore companies including Flagship Investment Ltd and Avenfield properties of London.

Nawaz, his daughter Maryam and son-in-law Captain (retd) Safdar reached the Federal Judicial Complex from the Punjab House to appear before Accountability Court-I Judge Mohammad Bashir.

This was Nawaz's 15th appearance before the court. Nawaz is accused in all the three cases whereas Maryam and Safdar are accused in the Avenfield reference only. On January 22, NAB had filed in the accountability court a supplementary reference against Nawaz and four others in the Avenfield case.

NAB informed the judge that the new supplementary reference, which has fresh pieces of evidence against the Pakistan Muslim League-Nawaz leader, includes seven new prosecution witnesses, including two from the United Kingdom.

Forensic expert Robert Radley and a close relative of Panama case Joint Investigative Team head, Federal Investigation Agency Additional Director Wajid Zia, will be the witnesses in the case, while two other witnesses are affiliated with the Ministry of Information.

NAB informed that it had taken the initial statement from the witnesses based in the UK. Speaking to the media outside the courtroom, Nawaz said the reason for so many cases against him is in front of everyone. He asked the media to look for the reason why all the courts in Pakistan were hearing cases only against him.

"These days cases against me are in the accountability court, high court and Supreme Court," he added. To a question as to why a supplementary reference had been filed in the Avenfiled London apartments corruption reference, Nawaz said “We are also trying to look for the reason behind this. In fact, it is just before you.”

Nawaz asked the counsel for Maryam Nawaz and Captain (retd) Muhammad Safdar to brief the media about the supplementary reference. Advocate Amjad Pervez said that the Supreme Court, in its July 28 judgment, had said that the National Accountability Bureau (NAB) could file a supplementary reference if they find new asset or any mutual legal assistance (MLA) from foreign jurisdiction is responded.

In this new "so-called" supplementary reference, neither a new asset had been discovered nor new evidence brought to the surface. In fact, it is the same old reference and it seems prosecution is conceding that their case has no legs to stand, the lawyer said.

In the first reference, Maryam Nawaz had been described as the beneficial owner of Avenfield properties, while the supplementary reference is focused on Nawaz Sharif, Amjad Pervez also said.

The authorities have filed a supplementary reference as an excuse, which is a sinister effort, said the counsel for Nawaz Sharif, Khawaja Haris Ahmed while giving arguments before the accountability court over the supplementary reference in the Avenfiled London apartments corruption reference.

However, the accountability court Islamabad admitted the supplementary reference for hearing and allowed the NAB prosecution to produce witnesses on Feb 6. The judge said that it would be decided later whether any charge framed against the accused needs to be deleted.

In response to NAB's application for recording the evidence through video-link as two of its witnesses were British nationals, the judge directed both prosecution and defence to argue over this matter on Feb 2.

In the corruption references against the Sharif family, earlier, when the proceedings started, prosecution and defence argued at length whether or not the supplementary reference could be admitted for hearing.

NAB's prosecution head Sardar Muzaffar Abbasi argued that in the light of Supreme Court July 28 judgment, NAB can file supplementary references as and when it is required. The defence cannot object over this issue, he said.

Counsel for Nawaz Khwaja Haris Ahmed counter argued that a reference could only be filed when its investigation was complete. In this particular case, NAB has solely relied upon the material provided by the joint investigation team (JIT).

Referring to the Supreme Court judgment, Kh Haris said that supplementary reference could only be filed if any new asset is discovered and as such this supplementary reference is a sinister effort by the prosecution. The supplementary reference is neither in line with the Supreme Court judgment nor in accordance with the NAB representation that it filed in primary reference. He said the Supreme Court had directed for filing a reference under Section 9(a)(v) that reads "if he or any of his dependents or benamidar owns, possesses, or has 4 [acquired] right or title in any 5 [assets or holds irrevocable power of attorney in respect of any assets]".

Later at the time of filing these references, NAB also included Section 9(a)(iv) that reads "if he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his spouse 3* or dependents or any other person, any property, valuable thing, or pecuniary advantage".

He said that the prosecution suggesting that the supplementary reference is the same as the primary reference that was totally wrong. Supplementary reference is altogether different. In the supplementary reference, only Nawaz Sharif has been focused. It is a matter of record that a nephew of Wajid Zia was involved in facilitating the JIT.

In the new reference only two new statements of Robert W Radley and Akhtar Raja are there. Raja is the nephew of Wajid Zia, Haris said. These two statements have only connection to this matter to the extent of Calibri font. They don't have any connection either with Tariq Shafi or Gulf Steel Mills. It is beyond comprehension that what is the aim of filing this new reference, as it is just an excuse, he also said.

Nawaz Sharif's counsel also criticised the timing for filing of supplementary reference and said that it was filed on Saturday and on Sunday it was all over at the television screens.

Meanwhile, the accountability court recorded the statement of one prosecution witness Afaq Ahmed, Director SSP, in the office of foreign secretary, Ministry of Foreign Affairs. He recorded his statement in Azizia Steel Company/Hill Metal Establishment corruption reference. Afaq Ahmed recorded his statement in lieu of the envelope that Ministry of Foreign Affairs had received from the Qatari prince Sheikh Hammad bin Jasin Al Khalifa Al Thani. The witness said that secretary to the Qatari prince Sheikh Abdul Rashid Al Hamid Al Bureda, on May 28 had delivered an envelope to Pakistan's Embassy in Doha. The Pakistan Embassy then forwarded the envelope to the Ministry of Foreign Affairs that delivered it to JIT head Wajid Zia. Later, Afaq Ahmed had recorded his statement before the JIT.

Counsel for Nawaz Sharif, Khwaja Haris, pointed out discrepancies in the previous statement of the witness and what he submitted before the court here on Tuesday. The witness, during cross examination, admitted that there was no stamp over the envelope indicating its origin.

In the last two hearings, the statement of Afaq could not be recorded due to unavailability of certified documents pertaining to him.

On Tuesday, Afaq recorded his statement while the defence raised the objection that the letter he produced was not original. The objection was also recorded.

NAB's prosecution filed an application for recording of evidence of its two British national witnesses. One was Robert W Radley, Principal Radley Forensic Document Laboratory, forensic handwriting and document examination expert and the second witness is Akhtar Raja, Principal Quist Solicitors.

NAB, in its application, said that the two witnesses are ready to record their statements before the AC. However, through an email they have expressed their inability to physically attend the court proceedings. They have requested that their testimony be recorded through a video link, NAB said in its application. That the court has ample jurisdiction under Section 17(c) to dispense with any of the code and follow such procedure as it may deem fit in the circumstances of the case.

NAB has requested the court to allow recording of the evidence through video-link and also order necessary arrangements in this regard. NAB with its application also attached an email of Akhtar Raja that is addressed to NAB's director investigation Amjad Majeed Aulakh. The email says that Robert W Radley is ready to record his evidence in this matter but he is unable to come here as political violence and terrorism incidents are rampant in Pakistan. The email has mentioned terrorism incidents and also apprehended the influence of PML-N. One of the paragraph reads, "Moreover, it is pertinent to emphasize that the former Supreme Court proceedings, the JIT investigation and the subsequent criminal proceedings all go in the heart of matters that concerns members of the ruling party; its former prime minister and members of his family as well as a former minister. Those that are defendants in the proceedings continue to have far reaching influence and it is not unreasonable to assert that such influence is prone to serious abuse in various ways".

The accountability court directed both sides to argue over this application on February 2. In the Supplementary reference, the court allowed NAB to produce five witnesses in the next hearing on February 6. The witnesses included Mubashir Tauqeer Shah and Muhammad Sultan Nazir from the information ministry, Waqas Ahmed of Geo News, Zawar Manzoor, an assistant director NAB and one Javed Akhtar.

SECP Deputy Registrar Salman Saeed has also been summoned by NAB on Wednesday to record his statement.