3 references: Nawaz’ plea to record Wajid’s evidence once turned down

ISLAMABAD: The Accountability Court (AC) on Friday dismissed an application of Nawaz Sharif seeking to record the evidence of Joint Investigation Team (JIT) head Wajid Zia as one in three corruption references and allow his counsel to cross-examine him hence.

Wajid Zia could not record his statement mainly because the court had first to decide the question whether his statement in the three corruption reference would be recorded at a single time or at three different times separately. Secondly, prosecution witness Rao Abdul Hannan exhibited 1,500 pages of documents in Flagship corruption reference that took much time of the court.

Zia briefly appeared before the court. He will record his statement in Avenfield apartments corruption reference on March 8.

In the application for recording Zia's statement once in a single time, Nawaz Sharif through his counsel Khawaja Haris submitted before AC that each of the three references are supplemented by the same nine volume JIT report.

It said on October 19, 2017, the applicant filed an application before AC seeking joint trial in all the three references on the basis that there are similar set of allegations in all the references. AC dismissed that application by observing that all the three references will be decided simultaneously in order to avoid conflicting judgments. Later the applicant moved a petition before the Islamabad High Court (IHC) which disposed of the petition on December 4, 2017 with certain observations.

Nawaz’ lawyer adopted before the court that the statement of Wajid Zia, once in three references, is necessary as there are apprehensions that he will improve his statement after cross-examination for the first time.

Khawaja Haris also referred to the IHC order dated December 4 that says ‘a request can be made to the learned trial court for cross examination of joint witnesses i.e witnesses which are common in three References on the same day or on the following day so that they have little or no chance for thinking and improving upon what is to be said...’

He said that Wajid Zia is the common witness and the JIT report is the very basis of all the three references. Therefore, his cross-examination, if recorded on separate occasions, will give him chance to improve his statement.

Prosecution head Sardar Muzaffar Abbasi argued that disclosure of defence is not a ground to be considered as the accused have already disclosed their defense. When the three references are separate from each other, how could one statement be recorded for them, he questioned. Regarding joint trial in all three corruption reference, IHC and Supreme Court already dismissed petitions of the applicant, he said.

Prior to Wajid Zia there were more than three common witnesses in the three corruption references including Sidra Mansoor, Muhammad Tasleem Khan, Zawar Manzoor and others. The defence did not press to record their statements once on the same time, Abbasi said.

To this, Khawaja Haris said that the statement of Wajid Zia is of pivotal importance and all the nine volumes of JIT are inter-connected. The allegations in all the three references are connected and similar; therefore it is necessary to record statement of Zia once at the single time followed by his cross-examination. The AC, however, dismissed Nawaz Sharif’s application.

Earlier, the AC dismissed applications that Nawaz filed related to the joinder of charge or seeking exemptions from personal appearance.

Meanwhile AC recorded statements of the two prosecution witnesses. In Al-Azizia corruption reference, bank official Sunil Ijaz recorded his statement. He produced transaction details from Al-Azizia Steel Company to different persons. During cross-examination, Ijaz said that he provided these details to NAB investigation but he didn’t know the purpose of these transactions. NAB also obtained details of transactions to the bank account of one Abdur Razzaq. During cross-examination, Ijaz said that there was no suspicious transaction ever reported to the state bank of Pakistan regarding Abdur Razzaq.

In Flagship corruption reference, a prosecution witness visa consular from Pakistan’s High Commission in London, Abdul Hannan, recorded his statement. He submitted that on Jan 24, 2018 a NAB investigation officer (IO) Muhammad Kamran came to his office. NAB had requisitioned record from British authorities regarding off-shore companies that arrived at Pakistan High Commission in London and then it was delivered to the NAB. NAB IO was told by Abdul Hannan that record needs to be notarised or legalised from the Foreign & Common Wealth Office. The record contained list of directors to the companies and details of balance. “After the record was notarized, I attested the documents,” Abdul Hannan said. He exhibited 1500 documents.

Nawaz Sharif did not talk to the media after court proceedings. He said it is raining outside and he would not let journalists get wet. While in the court, federal ministers and PML-N MNAs kept cracking jokes with each.