An anti terrorism court (ATC) of Rawalpindi on Wednesday issued show cause notice to the ministry of foreign affairs for its failure to ensure that Mark Siegel records his statement in the Benazir Bhutto murder case. Siegel, an important witness against General Musharraf in the Benazir murder case, had agreed to testify in the Benazir Bhutto murder case which was communicated by the foreign ministry to ATC.
His testimonial was scheduled to take place on August 26-27 through a video-link with the Pakistan embassy in Washington DC. ATC Judge Rai Mohammad Ayub Marth on Wednesday resumed hearing of the proceedings of the Benazir murder case and stated that he had been informed by commissioner Rawalpindi that due to a serious medical issue Siegel would now be available to record his statement on October 1-2.
"The letter stated that Siegel is suffering from a kidney problem and is undergoing a surgery," the judge said. The ATC Judge said while addressing the prosecutors and the defence counsel that under Section 15 of the Anti Terrorism Act (ATA) 1997, he had designated the commissioner's office in order to give legal cover to Siegel's testimony where the court would convene to record the witness statement from Washington DC through video-link.
Malik Mohammad Rafique, the counsel for the accused police officers namely DIG Saud Aziz and SSP Khurram Shahzad, alleged that the prosecution with malafide intent had deliberately delayed the testimony of Siegel. He suggested that the court may give up Siegel as a witness or accept his statement as reported by the Federal Investigation Agency (FIA) if he is unable to appear before the court.
Judge Marth asked the prosecutors whether that would be acceptable but Special Prosecutor Chaudhry said that the court should proceed in accordance with the law and suggested the court to seek an explanation from the ministry of foreign affairs as to why they did not coordinate with Siegel before announcing his inability to record his statement at the eleventh hour. Subsequently, the court directed secretary foreign affairs to depute director United States desk to brief the court in this matter and to pursue the case with the government of the United States. The judge then adjourned further proceedings till August 31.