Defence counsel of Asif Ali Zardari on Friday contended prosecution failed to prove conspiracy charges and supporting evidences against his client in Mir Murtaza Bhutto murder case.
Concluding arguments on acquittal application of ex-Senator and spouse of former Prime Minster Benazir Bhutto before District and Session Court East Karachi, headed by Judge Zafar Ahmed Khan Sherwani, Barrister Azizullah K Sheikh pleaded court to exonerate his client from killing charges.
Murtaza Bhutto, brother of Benazir Bhutto and Chairman of Pakistan People Party (SB) was killed along with seven others including his close aide Ashiq Jatoi on September 20, 1996 near his residence in Clifton Karachi when he was coming after attending the party meeting from Surjani Town area Karachi.
Defence counsel submitted the dying declaration of Murtaza Bhutto, "Today Asif Zardari, Abdullah Shah have got us killed, they won and we have lost," was actually created by prosecution as three witnesses Asif Ali, Noor Muhammad Ghogo and Asghar Ali did not mention these words in their initial statements.
He said those words were put in the mouth of witnesses after appointment of investigation officer Ali Gohar Mithani, appointed by the then Chief Minister Mumtaz Bhutto.
Sheikh further claimed that said Murtaza' s dying declaration was actually created and spread after seeking advice from three law experts.
He said Dr Ayaz Ali who conducted autopsy of Mir Murtaza along with three police surgeons admitted during cross-examination that base of tongue of Murtaza was badly damaged besides the vein supplying blood to his brain was also ruptured.
"Dr Ayaz further admitted mouth of deceased was full of blood and in that condition nobody could utter a word" he submitted, emphasising dying declaration of victim should not be considered.
Special Public Prosecutor Ilyas Khan, who started his arguments after concluding arguments by defence council, will carry on his arguments on next date of hearing, fixed for October 23, 2004.
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