The certification by British Virgin Islands (BVI) authorities of correspondence between Financial Investigation Agency (FIA) and law firm Mossack Fonseca as well as Minerva Financial Services Limited letter, dated December 5, 2005, established the role of accused Maryam Nawaz, the daughter of former Prime Minister Nawaz Sharif, in incorporation of two London-based companies, Nescol and Nielsen.
This was stated by the key prosecution witness Wajid Zia while testifying before the Accountability Court Judge Muhammad Bashir in the Avenfield properties references. During cross-examination, Amjad Pervez, the counsel for Maryam Nawaz, and her husband Captain Muhammad Safdar (retd), asked Zia if the JIT collected any evidence to show any role of Maryam Nawaz in the incorporation of Nescol and Nielsen.
To this Zia said the certification by BVI authorities of correspondence between FIA of BVI and law firm Mossack Fonseca in 2012 and Maryam's link with Minerva Financial Services Limited documented through a letter, dated December 5, 2005, when the two companies were owned by share bearers at the time of incorporation, established Maryam's link.
At the outset of hearing, Pervez told the court that security agencies have advised former Prime Minister Nawaz Sharif and Maryam Nawaz to avoid traveling due to protest demonstration of Tehreek-e-Labbaik Ya Rasool Allah (TLYRA). He also told the court that protesters have blocked different roads in Lahore. He submitted exemption pleas before the court, requesting it to exempt his clients from Friday's hearing which the court approved.
Zia further told the court that the JIT did not take into possession the record of incorporation of Nescol and Nielsen. Pervez questioned Zia if the record shows Maryam's role in the incorporation of the companies.
On this, the witness said the record of incorporation does not show any role of Maryam in incorporation of companies. He also said that neither any witness nor any accused offered any information to the JIT regarding it. The letter, dated December 5, 2005, also does not have anything to do with the incorporation of the said two companies, he said.
When Pervaiz persisted if the JIT collected records of the two BVI companies, Zia said the JIT could not gather records pertaining to the incorporation of Nielsen and Nescol.
Zia also said that the JIT was neither able to gather record of companies responsible for secretarial administration since the incorporation of the two BVI companies from 1993 to 1996 nor could it collect records of the companies responsible for the maintenance and management of the Avenfield properties.
The witness said that the JIT did not investigate who the owner of Avenfield properties was prior to the ownership of Nescol and Nielsen companies. The defense counsel also asked a question from the witness about a letter of Lawrence Radley addressed to Salman Akram Raja Advocate pertaining to the Avenfield properties. In the letter, Radley had confirmed that he acted on behalf of purchasers of property in or around 1993 to 1996. "The properties were purchased through two BVI companies and my instruction to purchase the properties was not dictated by any member of the Sharif family," he further said.
Zia said the JIT did not associate Radley in the investigation. The Radley's letter clearly stated that properties were purchased through two BVI companies, he said, adding that the reason for purchase through offshore companies is to maintain anonymity of purchasers; hence, it was meaningless for the JIT.
Pervez asked the witness, "Did JIT include the reasons you mentioned in its report?" It is true that the reasons for not associating Radley in investigation as well as Radley's letter were neither mentioned in the JIT report nor were they appended," he said.