Avenfield reference: NAB seeks permission for submitting new documents

ISLAMABAD: Just after completion of cross-examination of the Joint Investigation Team (JIT) head Wajid Zia, National Accountability Bureau (NAB) filed an application under Section 540 of CrPC, seeking the court permission to submit some additional documentary evidence in the Avenfield Apartments reference.

NAB Deputy Prosecutor General (DPG) Sardar Muzaffar Abbasi said that they had received replies to their mutual legal assistance (MLAs) from foreign jurisdiction in Avenfield and Flagship corruption references and they want to place it before the court. Accountability Court (AC) judge Muhammad Bashir directed both prosecution and defence to extend their arguments on the said application on April 20. During cross-examination of Wajid Zia, it emerged that the attorney general (AG) office of British Virgin Island (BVI) had earlier declined the mutual legal assistance (MLA) application of the JIT where investigation team had sought many details about the Neilsen and Nescoll and their beneficial owners. The JIT, through a second MLA, then requested the BVI to only provide certification of the BVI correspondence with Mossack Fonseca.

Earlier, on Tuesday counsel for Maryam Nawaz and Captain (retd) Muhammad Safdar, Amjad Pervez Advocate, completed cross-examination of Wajid Zia in Avenfield apartments corruption reference.

The court then put off the three corruption references against Sharif family till April 23 when Wajid Zia will record his testimony in Al Azizia/Hill Metal Establishment corruption reference.

Wajid Zia submitted before the court that it’s nearly a month since he was appearing before the court every day. Matters related to his office and some domestic issues had piled up and he needed a break to sort that out. The court then put off in the matter till April 23.

Also, Wajid Zia brought record pertaining to the JIT correspondence with the British Virgin Island (BVI) authorities as directed by the accountability court on Monday on the request of defence counsel Amjad Pervez.

On start of the proceedings, Amjad Pervez Advocate posed a question to Zia that the JIT had written an MLA to AG-BVI on May 31, 2017. In the said MLA, what was required by the JIT?

In response, Zia said that we asked for certified copies of Nielsen Enterprises and Nescoll Limited, copies of all memorandum of article of association, copies of each altered memorandum, names and contact details of the two offshore companies, ultimate beneficial owner, registered directors, nominee directors, shareholders of the companies since their inception, details of registered agents since inception, the register of directors, mortgages, first minutes of the first resolution of the companies, names and contact details of the settlers, trustees, beneficiaries and certified copies of shares with endorsements.

He stated that the Team also sought correspondence between the financial investigation agency of British Virgin Islands (FIA-BVI) and Mossack Fonseca dated June 12, 2012. This correspondence was done between FIA-BVI Director Errol George and Mossack Fonseca Money Laundering Reporting Officer J Nizbeth.

Advocate Amjad then questioned Zia that if the JIT, after May 31, 2017, sent another MLA to AG-BVI.

Zia replied that it was on June 23, 2017 and it was the last MLA.

Advocate Amjad then questioned that what was sought in June 23, 2017 MLA.

Zia said that confirmation was sought and related certification of the documents in the FIA-BVI record and also confirmation of the correspondence between Errol George and J Nizbeth, where the former had raised questions about Nielsen and Nescoll.

Advocate Amjad then questioned Zia if it was correct that his (Wajid Zia’s) May 31 MLA was declined by the AG-BVI? Zia said that it was incorrect as the MLA that was declined by the AG-BVI was dated May 20, 2017.

Advocate Amjad then confronted the prosecution witness Zia with the documents and pointed it was not May 20, 2017 MLA but it was instead May 31, 2017 MLA that was declined through a letter dated June 16, 2017.

Zia conceded to the fact and said apparently it was a mistake.

Advocate Amjad asked Zia if the MLA dated May 20, 2017 was sent to the FIA-BVI inadvertently. To which Zia replied in affirmative. He then questioned that AG-BVI letter dated July 4, 2017 was not attached in the JIT report volume IV to which Zia agreed.

Defence counsel also pointed out several discrepancies in the documents, like those were not notarized, certified. Moreover in the two letters of FIA-BVI dated June 12, 2012 and July 3, 2017 insignia and address were different. Zia said that the telephone numbers and email addresses were the same.

The cross-examination of Wajid Zia finally concluded and now he will record his testimony in Al Azizia corruption reference on April 23.