One witness cross-examined in Ishaq Dar case

ISLAMABAD: A prosecution witness Ishtiaq Ali, manager accounts Bank Al-Falah, Gulberg, Lahore, here Wednesday recorded his testimony before the Accountability Court (AC) in the case of Federal Minister for Finance Ishaq Dar facing corruption reference by the title “Assets & funds beyond known sources of income”.

National Accountability Bureau (NAB) prosecution team produced the evidence and exhibited documents which defence counsel Khawaja Haris termed completely irrelevant as they were neither duly attested nor were according to the law of evidence. The counsel said that they were not admissible before the court.

The AC granted a NAB application through which it had sought exemption for a missing bank statement. NAB’s special prosecutor Imran Shafique told the court that while investigating this case, they got a bank statement, it is mentioned in the seizure memo but somehow it got misplaced and could not get attached with the reference. NAB through an application sought exemption for the saidbank statement that the court granted.

NAB presented two prosecution witnesses but testimony of only one Ishtiaq Ali could be recorded. The second Tariq Javed could not record his testimony.  The AC directed the prosecution to provide Ishaq Dar with charge sheet he had raised the point in Islamabad High Court (IHC) that the AC indicted him without providing charge sheet.

Prosecution witness Ishtiaq Ali told the court that on August 16 his bank received a letter from NAB requiring details of Ishaq Dar and his family bank accounts. Bank Alflah’s account manager on August 28 & 29 submitted document pertaining to a company HDS securities Pvt Ltd of which Tabassum Dar, the wife of Ishaq Dar, is Chief Executive Officer (CEO). Ishtiaq Ali submitted that documents submitted before NAB had details of Ishaq Dar and his family's accounts. The documents were exhibited and numbered in the court.

Defence counsel Khawaja Haris represented Dar instead of Amjad Pervaiz advocate. Khawaja Haris is also representing Nawaz Sharif in three corruption references before the same court.

While cross-examining the witness, Khawaja Haris asked for the letter sent by NAB to the bank. While reading out the letter he said that the letter asked for details regarding the bank accounts of Ishaq Dar and his family members, not HDS securities. Addressing the AC, Khawaja Haris said that the letter addressed to the bank neither asked for the details of HDS securities and nor these details are complete. So these details are irrelevant.

Dar's counsel also pointed out discrepancies in the original documents and the photocopies highlighting some missing stamps and contents. Khawaja Haris said that the documents pertain to the period from 2001 onwards. “Have you been performing duties since 2001?” The witness said that he joined this bank in 2005 and admitted that these documents were neither prepared in his presence nor he filled-up the contents and he was also not assigned as custodian to these documents. 

Dar's counsel questioned the witness that the last transaction from HDS securities accounts was made on July 25, 2005 and finally this account was closed on February 7, 2006. Then why the bank statement reflects the accounts being operational from 2001 till 2011? Ishtiaq Ali replied that these are computer generated account statements. In these banks there was a software functional from 2001 till 2005. In 2005 the software changed and it is operation till now. At this, Khawaja Haris posed a question whether a statement could be obtained of the account till 2012 that was closed in 2006? To which witness replied in the affirmative. 

Concluding his arguments, Haris said that neither these document were prepared in accordance with law nor certified in according with Bankers Act 1891 and furthermore they are not in accordance with law of evidence hence irrelevant, he added. The AC then put off the matter till October 12. 

Proceedings on Tuesday were peaceful and only 8 journalists were allowed inside the courtroom while rest were allowed inside court premises. Initially Ishaq Dar had raised objections that the since the reference is not final so the court cannot proceed in this matter. AC had dismissed his contention saying that the reference to some extent is final and charges will be framed only to that extent. In some respects, investigation is concluded and the right of fair trail to the accused will not be prejudiced, AC further said. 

In the reference NAB has alleged that the accused Dar has acquired assets and pecuniary interests / resources in his own name and / or in the name of his dependants of an approximate amount of Rs831.678 million (approx). The reference alleged that the assets were disproportionate to his known sources of income for which he could not reasonably account for. NAB in this case has to record testimonies of 28 prosecution witnesses. AC under directions of the apex Supreme Court of Pakistan has to complete the trial in this case within 6 months time.