Maryam Nawaz, the daughter of deposed Prime Minister Nawaz Sharif, had claimed before the joint investigation team (JIT) that the trust deeds of Nelson and Nescol companies as well as Comber Group are original, key prosecution witness Wajid Zai said while testifying before the Accountability Court on Thursday.
"When the JIT asked Maryam if the trust deeds she produced before it were original she replied 'yes these are original documents,'" said Zia when he was asked by Amjad Pervez, the counsel for Maryam and Captain Muhammad Safdar (retd), if he had asked Maryam that the copies of trust deeds were notarized and not original.
The witness said that it is correct that the trust deed was dated February 2, 2006 and had the signatures of Maryam Nawaz, Muhammad Safdar, Hussain Nawaz, Jermy Freemen and Waqar Ahmad. The JIT associated Maryam, Safdar, Hussain and Freeman with investigation. Freeman was not directly associated with investigation, he added. To a question the witness said that none of the witnesses examined by the JIT stated that these trust deeds were fake and falsified.
Pervez questioned the witness: When did the JIT summon Maryam to appear before it? Zia replied that the JIT issued first summon to Maryam on July 25, 2017. He said the first summon was issued to her to appear before the JIT and bring record, documents and material pertaining to the case. To another question, Zia said it is correct that the forensic report by Robert Radley was not received by the time of issuance of summons to Maryam on July 25, 2017. He further stated that the copies of letters of Financial Investigation Agency (FIA) British Virgin Islands were also not received by then.
Pervez asked Zia if any witness appeared before the JIT till June 25 had stated that Maryam was the beneficial owner of the Avenfield apartments. The NAB prosecutor interjected, saying that this question could not be asked. Zia said that none of the witnesses appeared before the JIT till June 25, 2017 had stated that Maryam was the beneficial owner of the Avenfield apartments.
NAB Special Prosecutor Afzal Qureshi asked the defense counsel to allow the witness what he wants to say. "Do not make comments," Qureshi further said. Pervez told the NAB prosecutor, "Please correct your selection of words." Qureshi further said, "You (defense counsel) are not standing in a public gathering." Pervez replied that he is a professional lawyer and is fully aware of what constitutes respect of the court.
Qureshi further asked: "what kind of cross-examination is this wherein federal ministers are standing behind the defense counsel, instructing him and then clapping? Following an exchange of hot words between the prosecutor and the defense counsel, the court adjourned hearing for a short time. Zia also said that it is correct that Supreme Court in its order dated April 20, 2017 had directed former Premier Nawaz Sharif and his sons Hussain and Hassan to associate themselves with investigation whenever they are required by the JIT.
When Pervez asked Zia if the Supreme Court's verdict dated April 20, 2017 had not directed Maryam and Safdar to associate themselves with investigation, Zia replied that no specific directions were given to Maryam and Safdar. Pervez questioned if the apex court in its order forwarded the question of authentication and verification of trust deed to JIT. Zia said that it is incorrect to say that Supreme Court did not ask the JIT to verify and authenticate the trust deed, as one of the questions specially raised by the Supreme Court was regarding the real and beneficial owner of Nelson & Nescol companies.
In April 20, 2017 order, 13 questions formulated by the SC did not contain trust deeds, stated the defense counsel. Zia said that the JIT received the first report of forensic expert Robert Radley on July 4, 2017 through WhatsApps. It is correct that the first report of Radley was based on photocopies and the JIT relied upon it, he said.
He said that trust deeds were sent to Quist Solicitor Akhtar Raja on July 5, 2017 by special courier through Brigadier Muhammad Numan Saeed, one of the members of JIT and it was received by Radley on July 6, 2017. The witness said that the copy of forensic report of Radley was received through the staff of Pakistan High Commission in the UK and Numan Saeed made arrangement in this regard.
Zia said original documents collected by the JIT were submitted with the Supreme Court on July 22, 2017, he said. He said that the original documents collected by the JIT were remained in the possession of the team and were secured in a locker during the period from July 10 to July 22. The JIT secretariat was vacated in the end of July 2017, he said.
The witness said that Quist Solicitor Akhtar Raja is his first cousin. When Pervez asked Zia if Raja called and congratulated him when he was made the head of JIT, Zia replied, "In high profile cases whenever investigation was entrusted to me, the relatives used to call and convey their best wishes."
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