Shahbaz Sharif sues David Rose, Mail on Sunday in UK high court

LONDON: Pakistan Muslim League-Nawaz (PML-N) leader and former Punjab chief minister Shahbaz Sharif on Thursday formally launched a defamation suit at the London High Court against journalist David Rose and Daily Mail & Associated Newspaper Limited (ANL) — the publishers of the Mail Online and Mail on Sunday.

The disclosure of formal court action was made at a press conference at the offices of British law firm Carter-Ruck by Alasdair Pepper and Antonia Foster, who are representing Shahbaz in his legal case against the paper. Shahbaz was present with his lawyers at the press conference where the announcement was made.

Pepper confirmed that the defamation claim has been issued at the Queen’s Bench Division against defendants ANL and David Rose, author of the story. He confirmed that Mail Publications are in receipt of the claim form.

The lawyer said that Carter-Ruck had decided to move the court after failing to get a substantive response from the newspaper in several months, despite repeated requests. He said in nearly seven months, the Mail refused to engage with Shahbaz lawyer.

Pepper argued that the article in the Mail, followed by a social media campaign launched by journalist David Rose, was gravely defamatory of Shahbaz, carrying utterly false allegations that Shahbaz misappropriated UK taxpayers’ money in the form of DfID aid intended for the victims of the devastating 2005 earthquake in Pakistan. He confirmed tweets by David Rose have also been made part of the defamation claim.

Speaking to this correspondent, David Rose said he will not be making any comments for now. A source at the Daily Mail confirmed that the publication’s lawyers have received the legal claim from Shahbaz Sharif’s lawyers.

Pepper noted that the DfID has already rubbished the claims made by newspaper as “false and without any foundation”, vindicating Shahbaz' stance that he has never been involved in misappropriation of funds.

The Carter Ruck lawyer said, “The proceedings relate to gravely defamatory articles published on July 14, 2019. The articles carried a grotesque allegation that Shahbaz Sharif misappropriated UK taxpayers’ money and in particular government aid intended for the victims of the devastating 2005 earthquake in Pakistan. Shahbaz Sharif categorically denies this allegation; he asserts that there is no truth in it whatsoever.

Shahbaz Sharif’s lawyer said the UK government has also flatly contradicted the Mail's claim. On the very day of the publication, the UK's Department for International Development (DFID) responded to the Mail on Sunday.

The DFID had said, “We only gave money once the agreed work, which was primarily focused on building schools, was completed, and the work audited and verified. The UK taxpayers got exactly what it paid for and helped the vulnerable victims of a devastating earthquake.”

The DFID stated that Daily Mail had alleged that money was stolen “without providing any substantial evidence this was the cases with the earthquake fund”.

The Carter Ruck lawyer said that Federal Minister for Education and Professional Training Shafqat Mahmood had supported refutation of the Mail’s claim. He was referring to a press conference held at the Dorchester Hotel a week ago by Shafqat Mahmood in which, answering questions, he said that Britain’s aid programme to Pakistan was by and large well managed and run properly under the previous PPP and PML-N governments.

He continued, “Faced with these harmful allegations, Shahbaz Sharif attempted to secure a correction and apology from the publisher of the Mail. He has now commenced court proceedings only after the Mail failed to give a detailed and substantive response or to make any sensible proposals to resolve the complaint. They even continue to host the article online.”

He said that as a leading politician and figure in Pakistan, Shahbaz Sharif intends to clear his name. He added, “Shahbaz Sharif seeks withdrawal of the allegations and an unreserved and unambiguous apology from the Mail's publisher. Shahbaz Sharif states that any sums awarded to him in damages will be paid to charity.”

The Carter Ruck lawyer said that PM’s Special Assistant on Accountability Shahzad Akbar has not been made a party in the claim against Daily Mail although Shahzad Akbar had incited Shahbaz Sharif to sue him as well.

Pepper said, “There are jurisdictional issues because he (Shahzad Akbar) is a resident of Pakistan. His allegations were published from Pakistan concerning Pakistan. As a matter of technical consideration we are not including him in this claim at this time but that’s not to say that he may be sued in future in relation to other publications.”

Alasdiar Pepper said that there is no delay in filing the case at the court. He said, “Under the UK laws, there is a year time period to sue. There is no delay in this case. Also, before one sues there is the rule of following the pre-action protocol that has to be gone though. Correspondence with the Daily Mail took some time because until today we had no substantive response whatsoever form them and then the decision for the timing to sue is for the claimant.”

Addressing the media, Shahbaz Sharif said that the article was a “politically motivated campaign” against the leader of the opposition in the National Assembly by the incumbent government of Pakistan.

Shahbaz said that he was determined to prove that allegations against him were false, baseless and politically motivated to malign him. He regretted that the Mail publications made allegations without any proofs.

He said it was clear that the Mail journalist was used by the PTI government by granting the journalist “exclusive access to some of the tampered results of a high-level probe ordered by [Prime Minister Imran] Khan” including a “confidential investigation report” and unusual access to interview “key witnesses” held on remand in jail. He said the allegations were never properly put to him in advance of publication.

Shahbaz slammed Prime Minister Imran Khan, saying that the prime minister and his allies were behind the "fabricated and defamatory" Daily Mail story that sought to damage his reputation.

The PML-N president said the story published against him was part of the efforts by the government to tarnish his image among the masses. "Their [government] efforts are to show the PML-N in a bad light," he said.

"They couldn't compete with the PML-N in anything. Imran Khan Niazi is an expert in only one thing, ever since he retired from cricket. Lies, deceit, taking U-turns and making false allegations," he said.

He said that the Transparency International (TI)'s recent report had frightened the government, which was now attacking and victimising political opponents. The former Punjab chief minister wondered at the clarification issued by the TI Pakistan when the report had been released by the main chapter of the NGO in Berlin.

Shahbaz referred to PM's Special Assistant Shahzad Akbar as a “sycophant”, saying that he was also involved in getting the Daily Mail story published. He said that there was "not even a shred of evidence" against him.

"I want to ask the people of Pakistan, even if there was a shred of evidence against me, why they [government] would have a story published in the Daily Mail against me. Why else would the NAB-Niazi nexus file cases against me?" he asked.

He said that DfID had done "a great job" in training the youth of Pakistan and providing them healthcare. He said that instead of thanking DfID and the British authorities, the Pakistani government was defaming them.

"Little did they realise that while trying to hit me, they [government] are bringing a bad name to Pakistan," he said.

In an article published on July 14, 2019 authored by David Rose, the Mail on Sunday had alleged that Shahbaz Sharif and his family stole British taxpayers’ money given to Pakistan’s Earthquake Relief and Reconstruction Authority (ERRA) set up to help the victims of the 2005 Pakistan earthquake.

The paper has alleged that Shahbaz Sharif was involved in corrupting the funds given to Pakistan by British taxpayers.

Shahbaz had first served a legal notice on the newspaper on July 26, alleging that David Rose’s report was “politically motivated”.

He alleged that since the publication of the story, David Rose tweeted several times challenging Shahbaz Sharif to take action against his paper.

On many occasions, he responded to users on the social media site noting that Shahbaz had taken no action so far.

DfID had separately refuted the claims made by The Mail on Sunday.

Rejecting the assumption that UK taxpayers’ cash, meant for earthquake victims, was stolen by Shahbaz, DfID maintained that, “our robust systems protected UK taxpayers from fraud”.

In a statement, a DFID spokesperson said, “The UK’s financial support to ERRA over this period was for payment by results — which means we only gave money once the agreed work, which was primarily focused on building schools, was completed, and the work audited and verified.”

It is understood that the case will go to trial before a judge at the Royal Court of Justice in a year as the minimum time to get a trial date is between nine months to a year.