Wajid Zia confirms Sharif family’s stance on Qatari prince:
ISLAMABAD: As cross-examination of prosecution witness Wajid Zia continued on Thursday, defence counsel Khawaja Haris said the JIT put such a difficult conditions before Qatari Prince Hamad bin Jassim that he in his third letter replied that he was not subjected to the Pakistani law and won’t visit Pakistan. On the other hand, Wajid said Jassim, who endorsed the Sharif family’s stance, was ready to appear before the JIT but it declined his request to send him a questionnaire in advance. The Panama case implementation bench through a deputy registrar had conveyed to the JIT through telephone that the probe team could decide if questionnaire was to be sent or not in advance, he added.
Haris also tried to establish that the Qatari prince with his affidavits had attached supporting documents, while Mosaic Fonseca letter certified by the Financial Investigation Agency of British Virgin Island (FIA-BVI) did not attach any with the Mosaic Fonseca’s letters. The JIT never included Mosaic Fonseca officials into their investigation in complete contrast, he added.
Wajid admitted that the picture of Hussain Nawaz was leaked from the JIT premises and became viral on social media. Answering questions posed by Haris, he said on May 13, 2017, the JIT wrote a letter to the prince, asking him to appear before the team to record his statement and also submit the relevant documentary material like details of bank accounts and transactions etc.
To this, Haris said, “What do you mean by ‘etc’?” Wajid replied that any record which supported the transactions or any kind of agreements. He, however, said the JIT in its letter to Jassim did not specifically mention any particular documents which he was supposed to produce. “We just asked Jassim to bring the document that may verify the contents of his affidavits earlier submitted before the Supreme Court regarding the financial settlement with the Sharif family in 2006 and the resultant acquisition of Avenfield properties,” he said.
Haris questioned Wajid whether Jassim confirmed the contents of his affidavits through a letter dated May 24, 2017. To which, Wajid’s reply was in affirmative. “Did he (Jassim) also said that he would not come to Pakistan to depose before the JIT?” Haris asked, as Wajid responded with yes.
He said Jassim wrote to the JIT that he could not come to Pakistan but the team members might visit Doha for recording his statement. The Qatari prince also asked the probe team to send him in advance a questionnaire comprising questions that he might have to reply, he added.
Wajid said the JIT members had a split opinion on whether to send a questionnaire in advance. To solve this issue, the JIT wrote to the implementation bench but through a deputy registrar the three-member bench conveyed to them that it was a matter related to investigation and the JIT members should themselves decide about it, he said.
“Then we unanimously decided that we would not send the questionnaire in advance but we did not mention our decision in the JIT report,” Wajid said. Haris then asked Wajid, “Did you convey to Jassim that you would not send him a questionnaire in advance?” Wajid replied, “We didn’t.”
When the defence counsel inquired about his experience of investigation, the JIT head said he had a 29-year experience of police service, during which he conducted numerous investigations both local and international. For five years he served with the Yugoslavia War Crime Tribunal, for four months headed the investigation of Benazir Bhutto murder case and also investigated the high treason case against Gen (retd) Pervez Musharraf.
He, however, said he didn’t have any experience working with NAB investigations though he remained FIA Director (Economic Crimes Wing) for two years from 2010. Haris said, “You are a very senior investigation officer. Is there any law that prohibits sending a questionnaire to a witness?” At this point, NAB prosecutor Sardar Muzaffar Abbasi objected and said the witness was not a legal expert and he could not be asked about a legal question. But Wajid said in his entire career, he never sent a questionnaire to any witness.
When Haris repeated his question whether he could cite any law that prohibited sending a questionnaire, Wajid said he would not talk about law and he was talking with respect to his experience.
Haris then posed another question, “In his 29 years police career, did he ever study police investigation rules?” To which Wajid replied that he never came across any rule which either prohibited or allowed sending questionnaire in advance.
He said all JIT members were investigation experts in their own spheres. “We discussed this issue and it came under discussion that there are few institutions which send questionnaires and there are few who don’t.”
Haris, reading out the contents of JIT letter to Jassim, said, “You put very strict conditions for recording his statement that it would be recorded in Pakistan’s embassy in Doha, medium of communication would be English with a view to humiliate him and make it difficult. You also put a condition that Hamad bin Jassim would not be allowed to benefit from the company of an accountant and investigation would take many hours.”
Wajid said, “As a matter of practice, whenever statements are recorded in foreign countries, these are recorded in Pakistani embassies. As far as the language is concerned, we already knew that Hamad is well-versed in English as we listened to him.”
Haris said whether it would have been valid, if the JIT had recorded his statement either at his home or office. In a spur of a moment, Wajid said, “Could you then ensure or security?”
Later, he said, “It was a legal question but as a matter of practice such statements are always recorded at Pakistan’s embassies.”
He admitted that the JIT had put a condition that the prince would not be able to take assistance from an accountant during interview. At this point, Haris said, “In response to your strict conditions, Jassim wrote to you that he is not subordinate to Pakistani law.”
Wajid said the Qatari prince had confirmed that if the JIT visited Doha, he was ready to record his statement. He also confirmed the contents of his affidavits and also attached supporting documents, the JIT head added.
Haris then said the JIT wrote to FIA-BVI to get certification of the two letters of Mosaic Fonseca. “Did FIA-BVI in response to the certification attach any supporting documents with the two letters of Mosaic Fonseca?” he asked, to which Wajid replied in negative.
The defence counsel said whether the JIT ever investigate or wrote a letter to J Nizbeth Madro, the reporting officer of Mosaic Fonseca who executed and signed the two letters. Wajid replied in negative to this question too.
ISLAMABAD: As cross-examination of prosecution witness Wajid Zia continued on Thursday, defence counsel Khawaja Haris said the JIT put such a difficult conditions before Qatari Prince Hamad bin Jassim that he in his third letter replied that he was not subjected to the Pakistani law and won’t visit Pakistan. On the other hand, Wajid said Jassim, who endorsed the Sharif family’s stance, was ready to appear before the JIT but it declined his request to send him a questionnaire in advance. The Panama case implementation bench through a deputy registrar had conveyed to the JIT through telephone that the probe team could decide if questionnaire was to be sent or not in advance, he added.
Haris also tried to establish that the Qatari prince with his affidavits had attached supporting documents, while Mosaic Fonseca letter certified by the Financial Investigation Agency of British Virgin Island (FIA-BVI) did not attach any with the Mosaic Fonseca’s letters. The JIT never included Mosaic Fonseca officials into their investigation in complete contrast, he added.
Wajid admitted that the picture of Hussain Nawaz was leaked from the JIT premises and became viral on social media. Answering questions posed by Haris, he said on May 13, 2017, the JIT wrote a letter to the prince, asking him to appear before the team to record his statement and also submit the relevant documentary material like details of bank accounts and transactions etc.
To this, Haris said, “What do you mean by ‘etc’?” Wajid replied that any record which supported the transactions or any kind of agreements. He, however, said the JIT in its letter to Jassim did not specifically mention any particular documents which he was supposed to produce. “We just asked Jassim to bring the document that may verify the contents of his affidavits earlier submitted before the Supreme Court regarding the financial settlement with the Sharif family in 2006 and the resultant acquisition of Avenfield properties,” he said.
Haris questioned Wajid whether Jassim confirmed the contents of his affidavits through a letter dated May 24, 2017. To which, Wajid’s reply was in affirmative. “Did he (Jassim) also said that he would not come to Pakistan to depose before the JIT?” Haris asked, as Wajid responded with yes.
He said Jassim wrote to the JIT that he could not come to Pakistan but the team members might visit Doha for recording his statement. The Qatari prince also asked the probe team to send him in advance a questionnaire comprising questions that he might have to reply, he added.
Wajid said the JIT members had a split opinion on whether to send a questionnaire in advance. To solve this issue, the JIT wrote to the implementation bench but through a deputy registrar the three-member bench conveyed to them that it was a matter related to investigation and the JIT members should themselves decide about it, he said.
“Then we unanimously decided that we would not send the questionnaire in advance but we did not mention our decision in the JIT report,” Wajid said. Haris then asked Wajid, “Did you convey to Jassim that you would not send him a questionnaire in advance?” Wajid replied, “We didn’t.”
When the defence counsel inquired about his experience of investigation, the JIT head said he had a 29-year experience of police service, during which he conducted numerous investigations both local and international. For five years he served with the Yugoslavia War Crime Tribunal, for four months headed the investigation of Benazir Bhutto murder case and also investigated the high treason case against Gen (retd) Pervez Musharraf.
He, however, said he didn’t have any experience working with NAB investigations though he remained FIA Director (Economic Crimes Wing) for two years from 2010. Haris said, “You are a very senior investigation officer. Is there any law that prohibits sending a questionnaire to a witness?” At this point, NAB prosecutor Sardar Muzaffar Abbasi objected and said the witness was not a legal expert and he could not be asked about a legal question. But Wajid said in his entire career, he never sent a questionnaire to any witness.
When Haris repeated his question whether he could cite any law that prohibited sending a questionnaire, Wajid said he would not talk about law and he was talking with respect to his experience.
Haris then posed another question, “In his 29 years police career, did he ever study police investigation rules?” To which Wajid replied that he never came across any rule which either prohibited or allowed sending questionnaire in advance.
He said all JIT members were investigation experts in their own spheres. “We discussed this issue and it came under discussion that there are few institutions which send questionnaires and there are few who don’t.”
Haris, reading out the contents of JIT letter to Jassim, said, “You put very strict conditions for recording his statement that it would be recorded in Pakistan’s embassy in Doha, medium of communication would be English with a view to humiliate him and make it difficult. You also put a condition that Hamad bin Jassim would not be allowed to benefit from the company of an accountant and investigation would take many hours.”
Wajid said, “As a matter of practice, whenever statements are recorded in foreign countries, these are recorded in Pakistani embassies. As far as the language is concerned, we already knew that Hamad is well-versed in English as we listened to him.”
Haris said whether it would have been valid, if the JIT had recorded his statement either at his home or office. In a spur of a moment, Wajid said, “Could you then ensure or security?”
Later, he said, “It was a legal question but as a matter of practice such statements are always recorded at Pakistan’s embassies.”
He admitted that the JIT had put a condition that the prince would not be able to take assistance from an accountant during interview. At this point, Haris said, “In response to your strict conditions, Jassim wrote to you that he is not subordinate to Pakistani law.”
Wajid said the Qatari prince had confirmed that if the JIT visited Doha, he was ready to record his statement. He also confirmed the contents of his affidavits and also attached supporting documents, the JIT head added.
Haris then said the JIT wrote to FIA-BVI to get certification of the two letters of Mosaic Fonseca. “Did FIA-BVI in response to the certification attach any supporting documents with the two letters of Mosaic Fonseca?” he asked, to which Wajid replied in negative.
The defence counsel said whether the JIT ever investigate or wrote a letter to J Nizbeth Madro, the reporting officer of Mosaic Fonseca who executed and signed the two letters. Wajid replied in negative to this question too.
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