Accountability Court on Friday dismissed former Prime Minister Nawaz Sharif's petition requesting the court to record a clubbed statement of Wajid Zia, head of Joint Investigation Team (JIT) that probed the Panama Papers case, in all three references filed against him and his family members.
Khawaja Haris, the Sharif family's counsel, filed an application before the Accountability Court Judge Muhammad Bashir at the outset of hearing of supplementary references, including Al-Azizia Steel Mills and Hill Metals Establishment and Flagship Investment references, seeking cross-examination of Wajid Zia in all the three references on the same or successive dates of hearing.
Zia appeared before the court to record his statement in the Avenfield Apartments reference against Sharif, his two sons Hassan Nawaz and Hussain Nawaz, daughter Maryam Nawaz, and son-in-law Captain Muhammad Safdar (retd) in line with the JIT report.
In his application, the Sharif family requested that Zia is the identical witness in the references and was head of JIT that probed the Panama Papers case. The JIT report is the very basis of all references and, therefore, his cross-examination, if conducted on separate occasions will provide him an opportunity to improve his statement and this will prejudice the defence of the applicants, as the line of cross-examination of the defence will be disclosed to him.
Sharif further requested that it is in the interest of justice that in the first instance the examination-in-chief of Zia be recorded in each of the three references, and the defense may be called upon to cross-examine him in the three references on the same or successive dates of hearing.
NAB Deputy Prosecutor General Sardar Muzaffar Abbasi while objecting to the application said if defence was allowed to cross-examine Zia on same dates or successive dates of hearing, it will benefit the Sharif family. He also questioned why the defence had not made the same request before recording the statement of other common witness like Sidra Mansoor, Joint Registrar Securities and Exchange Commission of Pakistan (SECP).
Abbasi said that the Sharif family is filing such an ineffective application just to delay the case. He also quoted some sections of CrPC in favour his augments against the application. Abbasi requested the court to dismiss the application filed by the defence counsel.
The court after hearing the arguments of both prosecution and defence counsel reserved its verdict for some time. Announcing the order later, the court dismissed Nawaz's plea and ordered Zia to appear in court on March 8 and record his statement in the Avenfield reference.
Earlier, Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain Muhammad Safdar (retd) appeared before the court in connection with hearing of two supplementary references amid tight security arrangements.
The court recorded the statement of prosecution witness Sunil Ijaz, a bank official, in the Al-Azizia and Hill Metals Establishment references. Ijaz was later cross-examined by defence counsel Khawaja Haris.
Ijaz while recording his statement said he had joined MAB investigation on January 10, 2018 in connection with the Al-Azizia reference against Nawaz Sharif.
He said that he had provided details of account opened in the name of Abdur Razzaq. The record includes details of remittances received from Hill Metals in account of Razzaq, he said adding that he also provided account opening form and details from November 25 to January 29, 2018. During cross-examination, Haris asked the witness if the purpose of remittances came through this account was mentioned in swift message.
The witness replied in the affirmative, saying the purpose of remittances was mentioned in the swift message. To another question, the witness said that neither did the investigation officer (IO) ask for it, nor did he provide swift message to him. The witness said that his bank did not receive any complaint regarding this account.
The court also recorded the statement of another prosecution witness, Rao Abdul Hanan, in the Flagship reference but the defence could not cross-examine him due to paucity of time. Hanan while testifying before the court said that he is serving as Visa and Consular Attache at Pakistan High Commission in London. Documents attestation and visa scanning is his job, he said.
He said that NAB investigation officer Muhammad Kamran came to his office on January 24, 2018 and introduced himself as a NAB official. Zakiuddin, a counselor's assistant at Pakistan High Commission in London, had received 12 white envelops and he delivered these envelops to Muhammad Kamran, the investigation officer. The NAB official opened envelops and examine the documents inside them, he said, adding that he requested him to attest them.
He said the documents included incorporating details of companies, director information, balance sheet statement and land registry documents. The witness said that he asked Kamran to legalize it first and then he will attest it.
"On other day, they came with legalized documents to my office and I attested them. The IO recorded my statement but he didn't show it to me," he said. On January 25, 2018, he said that the NAB official came again to his office with three envelops. "He requested me to attest them but I asked them to legalize them." He opened envelop and the documents were related to land registry.
Following the request of defence counsel, the court adjourned hearing of Flagship reference till March 5. The defence will cross-examine Hanan on Monday (March 5). The court adjourned hearing of the Al-Azizia reference till March 7 and summoned six witnesses.