No mention of Nawaz, Maryam in new documents: DG NAB

ISLAMABAD: Director General Operations National Accountability Bureau (NAB) Zahir Shah, who is a prosecution witness, admitted during cross-examination before the accountability court (AC) here on Monday that in the documents he received from the UK central authorities in response to a JIT mutual legal assistance (MLA), did not carry the names of Nawaz Sharif, Maryam, Hussain and Hassan Nawaz.

Earlier, counsel for Nawaz Sharif, Khawaja Haris had questioned Zahir Shah that did he receive the names, contact details, names of real and beneficial owners from the UK central authorities in response to the MLA, to which he had replied that he did not see the contents of the documents. And before Zahir Shah could reply, the NAB prosecutor strongly objected that the witness could not be asked any question regarding contents of the documents.

It is to mention here that Zahir Shah is DG NAB for its International Cooperation Wing (ICW) and the accountability court on April 20 had allowed an application by the NAB prosecution to place additional documentary evidence in Avenfield apartments and Flagship corruption references as Zahir Shah had received a response to an MLA application that was initiated by the JIT on May 27, 2017.

Zahir Shah on Monday recorded his statement and also produced documents that the court accepted and exhibited. Zahir Shah submitted before the court the response of an MLA that has attached with it the land registry record of four Avenfield apartments, water bills and council tax. Zahir Shah stated that he did not see in details the contents of the documents attached with the reply of the MLA, but as far as he recollects, there is no mention of Sharif family members in the documents.

Khawaja Haris said that it is the defendants’ case that the flats were in the name of Nielsen and Nescoll and even in the new evidence land registry, water bills or council tax did not mention the Sharif family members.

Zahir Shah admitted that after he received these documents, he came to know that Nielsen and Nescoll were the owners to the flats. Khawaja Haris also pointed out some redactions in the documents to which Zahir Shah said that it is a normal practice that the UK authorities redact some sensitive information and numbers printed on the papers received with MLAs.

Initially, Zahir Shah told about his designation in the NAB and how he received the MLA response after change of jurisdiction from the JIT to NAB. He said that one Osman Ahmad, a representative of the United Kingdom’s High Commission in Islamabad handed over these documents to him. The documents show the absolute title of flats since July 31, 1995, Zahir Shah said.

Nawaz Sharif’s counsel had raised an objection that the documents are unattested, to which Zahir Shah replied that as per the National Accountability Ordinance (NAO) Section 21-G, no attestation is required for the documents that are received with an MLA. During cross examination, Zahir Shah admitted that the investigation officer (IO) of the Avenfield apartments reference came to him to receive these documents. The IO neither recorded his statement under Section 161, nor of Osman Ahmad, who had handed over these documents to him, and seizure memo was also not prepared. The UK central authorities had sent these documents in response to the JIT MLA dated May 27, 2017 and October 31, 2017. “I had been sending reminders to the UK authorities, but did not write any MLA, Zahir Shah said.

During cross examination, there was heated argument between prosecution and defence lawyers over the matter that what questions the defence lawyer may ask and what he could not.

At one instance, Khawaja Haris while addressing the NAB Deputy Prosecutor General Sardar Muzaffar Abbasi said that he was shredding into pieces the right to fair trial and justice. Haris also alleged the prosecutor of putting words into the mouth of the witness.

The NAB prosecutor said Khawaja Haris was shredding the law into pieces. The exchange continued till the accountability court judge Muhammad Bashir put his pen aside and asked both the counsels to have a break.

Haris also protested by saying that he should never be bracketed with this person. At this, the NAB DPG asked the court not to draw a comparison between him and Haris.