Avenfield reference: Yet another day of cross examination, heated arguments

ISLAMABAD: The cross-examination of the JIT head Wajid Zia in the Avenfield properties reference against the Sharif family could not be completed on Monday due to the exchange of heated arguments between the prosecution and the defense lawyers.

PML-N Quaid Muhammad Nawaz Sharif was present in the court along with his daughter Maryam Nawaz and son-in-law Captain (retd) Safdar. As soon as Khawaja Harris started cross-examining Wajid Zia, the NAB Deputy Prosecutor General, Sardar Muzaffar Abbas objected and said the defence lawyer should refrain from asking unnecessary questions. “It is the 11th day but their cross-examination is not ending. If the defence has no more questions, then they should end the cross-examination.”

Referring to the judge, Khawaja Harris asked what problem the NAB prosecutor has with the court proceedings. During the proceedings Wajid Zia admitted some discrepancies in the JIT report. In two instances, he admitted that the JIT had mistakenly mentioned a document as the source document. He also admitted that regarding the Capital FZE, the JIT had received three type of ‘Trading Licenses’ and all of them carried different dates regarding validity. The JIT did not ask the Jebel Ali Free Zone Authority (Jafza) as to who had attested these documents. He also admitted that Jafza didn’t provide the JIT with a certified copy of the Capital FZE’s Trading license.

Wajid also admitted that there is a document according to which one million pounds were paid to Hill Metal Establishment by Capital FZE but that is the ‘source’ document. He also admitted that except for a few Guernica’s documents, no other document of the law firm was either stamped or signed. The proceedings started with the question whether ‘source’ documents could come under discussion or not according to the law. It is to be mentioned here that the JIT had obtained some source documents from the London-based law firm Guernica 37 International Justice Chambers.

Wajid Zia said a few source documents were attached and a few were not. The JIT had obtained the source documents during investigation, he said. The Capital FZE is the company whose Iqama led to Nawaz Sharif’s disqualification.

The arguments between the defense and the prosecution on whether or not these document could be discussed or the prosecution witness Wajid Zia could be asked any question about them consumed much of the time.Replying to a question, Wajid Zia said Guernica had sent some documents with its letter dated June 21, 2017 and other than those documents, no other document was attached with the letter, but Guernica sent the JIT some other multiple source documents on different occasions. Haris then asked if he had not attached all the documents with the JIT report. Wajid said the signed and stamped documents were attached but other documents were not. At this, Haris pointed out a Guernica’s document that was neither signed nor stamped. The NAB DPG raised objection that the defense counsel was repeating his questions. At this Haris said he had to dig out the truth.

Haris posed another question that in the Guernica’s documents there was one ‘request for the re-activation of visa card’ by Nawaz Sharif to Al Rajhi Bank of Saudi Arabia, whereas in June 21 the Guernica had written to the JIT that there was no mention of this document. To this, Wajid said they had attached only relevant documents to the JIT report. He said there were 30 documents related to Nawaz Sharif’s request for re-activation of the visa card but he did not know if those were relevant or not, as the JIT did not investigate them being the source document and of being no evidentiary value.

Haris asked Wajid if he could provide any document showing the Iqama of Nawaz Sharif was attached with his visa card re-activation request. Wajid tried to answer this question without satisfaction of the defense, who then jumped to another question. Haris then said Wajid had previously said there were three documents related to the FZE Capital and now when he had pointed out the said documents, he said two documents were not related and there was only one. “Now I would ask him what are those three documents of Guernica that are related to FZE Capital Company,” Haris said. Before Zia could answer, the NAB DPG raised objection and said the source documents were neither relied upon by the prosecution nor exhibited under the law. Under Qanoon-e-Shahadat order 1984 (Law of evidence), a question could only be asked that has relevance. “Previously, the defense counsel had said the statement of former PPP interior minister A Rehman Malik was a source document and it could not be exhibited but later they asked the prosecution witness many questions about the same statement,” the NAB DPG said.

After the squabble, Haris repeated his question and asked Wajid could he identify those three documents of Guernica related to FZE. The NAB DPG once again raised the objection and then both the parties left it the judge to decide whether or not the question could be asked. The judge however disallowed the question and then Khawaja Haris asked the court to give a written judgment enabling the defense team to challenge that before an appellate forum. After Haris posed this question in another form, Wajid replied that it was not possible for him to identify those three documents. The court adjourned the hearing to Tuesday (today).