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July 17, 2018

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Maryam’s lawyers discuss Calibri font in appeal

ISLAMABAD: The lawyers of Maryam Nawaz, in their appeal filed against the accountability court’s verdict, have specifically discussed the false declaration given by Robert Radley in the court, while contending that the judge ignored the lies of Radley and handed a verdict against the former premier and his family.

It was Robert Radley’s report that generated the debate on the Calibri font used in the trust deeds presented by the Sharif family in the courts, that the deeds were written in Calibri font which was not available before 2007, but the trust deeds were written in 2006. However, Radley, in his statement in the court and cross examination, admitted that Calibri was available before 2007 and he downloaded and used it in 2005.

The appeal states that while considering the credibility of the Robert Radley's report, the learned trial judge failed in undertaking this exercise in the light of the numerous judgments cited before him where such evidence is held to be weak. “Furthermore, while relying on this witness, the learned trial judge has totally ignored that this witness had given a false declaration on oath, as well as made false representations on at least two material counts. In the first instance he stated in his declaration that he had shown the sources of all the information that he used, but then admitted during the cross examination that “in the second report the sources of such information have been omitted” (It is pertinent to mention that the second report deals with Calibri font).

In the second case, Radley said that he endeavored to include in his report all matters that might adversely affect the validity of his opinion and had clearly stated the qualifications to his opinion, but a bare perusal of the report shows that he has not mentioned therein any such matter or qualification, although these were acknowledged by him when cross-examined on this point.

Thus, in his Report No.2, he has stated in categorical terms that since Calibri font was not commercially available prior to January 2007, it could not have been used prior to the said date, but during cross-examination, he conceded that Calibri font could have been used prior to January 2007. He admitted doing so himself firstly by downloading and using the Calibri font available as BETA-1 since April 2005, and thereafter, when he was caught reading from his written notes which he was then obliged to share with the defence, admitted three different ways in which a computer operator could download and use the Window Vista BETA-1 version of Calibri font.

Maryam's lawyers have contended that it is indeed very unfortunate that while rending his findings on the credibility of Robert Radley's report, the learned trial judge has not at all taken note of any of the afore-noted false representations and clear cut admissions made by the said witness. It is submitted that failure of the learned trial judge to avoid these aspects of the case which have significant and material bearing on the credibility of Robert Radley's report, have seriously prejudiced the case of the defence and has caused grave miscarriage of justice to the detriment of the accused in the case.”

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