The Government of Pakistan on Saturday served 'Letter Rogatory' containing Swiss Examining Magistrate of Canton, Geneva's notification of additional indictment for aggravated money laundering on Asif Ali Zardari in Swiss SGS case.
The notice originated from Swiss Examining Magistrate's Court in Switzerland and was routed to the Government of Pakistan through Swiss Embassy in Islamabad.
The Government of Pakistan through appropriate official channels arranged its service to Asif Zardari in Islamabad on Saturday, says a press release.
The Letter Rogatory states that Asif Ali Zardari's initial indictment of October 30, 1998 is extended as indictment for professional money laundering, for having committed obstruction in identification of the origin, discovery and the forfeiture of the incriminated funds.
The accused thereby obtained an important turnover or profit. The charges further explained that the accused in his professional money laundering course was also aware of the involvement and obtaining of important turnover or profit by the third parties.
The contents of the Letter Rogatory further state:
(a) By receiving, between May 1995 and September 1997, on the account of the company, BOMER FINANCE Inc. at the Union Bank of Switzerland (UBS) in Geneva, of the which Benazir Bhutto and Asif Ali Zardari were the beneficial owners a total amount of $ 8,190,085 - originating from the payment of illicit commissions out of inspection contracts with SGS and Cotecna, on the one hand, and the Islamic Republic of Pakistan, on the other hand, of which Benazir Bhutto was the Prime Minister at that time.
(b) Whereas, Asif Ali Zardari was aware and fully accepted that a total amount of $ 8,807,338 be paid, between May 1995 and September 1997, on the account of NASEEM OVERSEAS INC, at the Barclays Bank in Geneva, the beneficial owner of which is Benazir Bhutto's brother in law, Nasir Hussain, which corresponds to the illicit commission out of inspection contracts with SGS and Cotecna, on the one hand, and the Islamic Republic of Pakistan on the other hand, of which Benazir Bhutto was the Prime Minister at that time.
It may be noted that after going through the due legal procedures, the Swiss request for service of notice was referred to LHC, on the basis of which Chief Justice LHC ordered on September 7, 2004 the following:
District and Sessions Judge, Rawalpindi, is appointed commission and is directed to serve the Letter Rogatory on Asif Ali Zardari presently lodged in Central Jail Rawalpindi and put the questions enclosed in the letter to Asif Ali Zardari and record his answers for submission to LHC.
It may be recalled that in the instant case Jens SCHLEGELMILCH and Benazir Bhutto, have already been additionally indicted for aggravated money laundering on April 22, 2004 and June 30, 2004 respectively.
Relevantly recalled, Asif Zardari was also summoned by Swiss Examining Magistrate to attend the above mentioned hearings in Geneva, but on both occasions he refused to attend these hearings on medical grounds despite offers by Government of Pakistan to undertake all arrangements for his travel to Switzerland.
The aforementioned additional indictment for aggravated money laundering against Benazir Bhutto was pronounced on 30th June 2004 by the Examining Magistrate of the Canton of Geneva in the presence of the Attorney General of the Canton of Geneva, who attended the hearing personally.
The additional charges held against Benazir Bhutto are to have committed money laundering by profession realising substantial amount of profit.
By Swiss law the accused after sentencing order in "aggravated money laundering case can face a sentence up to 5 years of rigorous imprisonment and a fine up to Swiss France 1 million,
Earlier, the Swiss Examining Magistrate indicted AAZ in 1998 through Letter Rogatory on charges of Money Laundering.
To distinguish between a "Money laundering case" and aggravated money laundering case, the statutory limitation for prosecution are 7 years and 15 years respectively. The time limit begins to run when the last infringement is committed.
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