ISLAMABAD: The JIT head, Wajid Zia, on Tuesday during cross-examination in the Avenfield reference admitted that none of the witnesses appearing the investigation team said Maryam Nawaz, Hussain Nawaz and Hassan Nawaz ever remained dependent on their father either for business or expenses.
Khawaja Haris – the counsel for Nawaz Sharif – confronted the prosecution witness with his client’s statement recorded before the JIT, according to which late Mian Muhammad Sharif during his life looked after every business, provided financial shares to every member of the family and even determined their pocket money. It also added that Nawaz had no nexus with any family business and the Avenfield properties, and he did not even paid the education and boarding expenses of his children, which was done by Mian Sharif. And on Tuesday, Wajid endorsed this statement of Nawaz before the accountability court.
Previously, he had submitted a screen shot of the Capital FZE certificate of employment before the court, according to which, the company has two employees with no names mentioned and salaries were paid to them through “Over the Counter” (OTC) method.
During Tuesday’s proceedings, Haris questioned Wajid there was a mention of Wage Protection System (WPS) in the certificate and whether he knew that the WPS was not in place before 2009. Wajid’s reply was he didn’t.
Under the WPS, wages can only be transferred through banking channel and not OTC.
Wajid also agreed with this proposition and revealed that the investigation team also did not investigate how the WPS works. “It also didn’t come to our knowledge that OTC was not allowed under WPS, and we also not investigated the mode of payment to Nawaz Sharif,” he said, but added that the payment certificate of the Jafza authority established such payments.
The proceedings on Tuesday once again got lengthy due to frequent objections raised by the prosecution about which question the defence counsel could ask.
At start of the hearing, Haris asked Wajid about the company number in the trading licence of Capital FZE. At this, NAB Deputy Prosecutor General Sardar Muzaffar Abbasi said the former prime minister had already accepted being the chairmanship of the company, his Iqama and salary.
“The defence counsel for the last three days has been examining the witness on admitted facts,” he said.
Reading read out a part of the July 28, 2017 judgment where Nawaz accepted the above mentioned things, Abbasi said there could be no cross-examination on the accepted facts.
At this Nawaz’s counsel said the Capital FZE as per evidence procured by the JIT was connected with the Avenfield apartments. “Now when they have brought the evidence, it is my right to cross-examine the evidence. Furthermore, the Supreme Court in its order has said that no observation of the apex court would affect the trial,” Haris said.
“I just want to establish the mannerism how the investigation was conducted in this matter. If my cross-examination is so irrelevant then delete it all and also the witness’ statement. When they have brought the evidence, it is my right to do cross-examination over it,” Haris argued.
He said the cross-examination was not directed towards the stance taken by Nawaz in the Supreme Court. There was neither any formal contract between FZE and Nawaz after 2008 nor any evidence of salary, he said, adding that JIT also did not conduct investigation about the ownership and business of the Capital FZE.
Another point admitted by Wajid was that the JIT did not get any certificate of employment from Jafza regarding Nawaz. Afterwards, Haris pointed out the discrepancies in the trading Licences of Capital FZE, which the JIT had obtained from a London-based law firm Guernica 37 International Justice Chamber. He said the details mentioned in the trading licence for 2006 were different from that of 2013.
He then asked Wajid that he got the source documents regarding Capital FZE by June 20, 2017 and whether he questioned Hassan about these when he appeared before the JIT on July 3, 2017. Wajid replied in negative and said, “We also did not issue notices to either Hussain Nawaz or Hassan Nawaz for confronting them with the documents.”
He also admitted that the JIT did not prepare any seizure memo for the documents collected from the UAE.
Haris then cross-examined Wajid over the issue of an analysis done by Akhtar Raja of Quist Solicitors. Answering different questions, the JIT head revealed that the analysis was based on a Dawn newspaper article, a charging order of Justice Queen’s bench division London that was a photocopy and also another order of Justice Queen’s bench dated September 4, 1999 of which copy was not available.
Wajid also admitted that the JIT had sent some parts of the JIT report to Raja before the report was finalised.
At this issue a long argument took place where the prosecution was insisting that the defence could ask no question regarding the privileged communication taking place between the JIT and the Quist solicitors.
Haris then pointed out to a page where on the foot notes it was written that the JIT report was sent in advance to Raja. At this, Wajid said it was only some excerpts from the witness’ statement and their analysis.
Haris also grilled Wajid about Nawaz’s statement recorded before the JIT. According to this statement, Mian Sharif not only used to take care if all the business but he also divided shares among the family members. Nawaz was not even aware of the trust deed signed between Hussain and Maryam Nawaz, and the bearer share certificate of Nelson and Nescol. Wajid admitted that the former prime minister had stated that.
Later, further hearing of the case was adjourned till today [Wednesday] when the cross-examination of Wajid would continue.
