The hearing of third corruption reference against former Prime Minister Nawaz Sharif entered into final phase on Monday after the lead defence counsel completed his final arguments in the Flagship Investments reference.
Concluding his final arguments, Sharif's counsel Khawaja Haris told Accountability Court Judge Muhammad Arshad Malik that document obtained from Jebel Ali Free Zone Authority (JAFZA) including employment certificate at Capital FZE, the contract of employment and the screenshots of the details regarding disbursement of salaries to Nawaz Sharif from Capital FZE owned by his son are forged and fabricated.
The judge asked Sharif's counsel, "Had you disowned these documents at any stage?" Haris replied, "As per our stance these are forged and fabricated documents."
However, he said that Sharif had obtained visa for employment in Capital FZE for a limited purpose, adding, "We did not deny it." The employment certificate is not original document and this is a mere statement, he said, adding that as per Qanun-e-Shahadat Order, 1984, the documents received by joint investigation team (JIT) that probed Panama Papers case from JAFZA were not duly attested.
He said that under the law, the documents received from foreign jurisdiction would either be original or attested. The documents received from abroad would be duly attested by notary public, concerned authority of that country and Pakistan consulate, he said, adding if this procedure has not been followed then these documents would not be admissible.
The judge asked NAB prosecutor, "Had you made any attempt to get the aforesaid documents attested?" On this the prosecutor replied that NAB has sent a mutual legal assistance (MLA) request to the United Arab Emirates (UAE) authorities for seeking information and the record of Capital FZE but no response has been received from the concerned authority, he said.
He said that the screenshots related to disbursement of salaries to Sharif from Capital FZE are not duly attested as there is no stamp on it. The NAB did not associate the persons who had prepared these documents, he said, adding if receiving salary was a major issue then why NAB investigator did not find it out through which means Capital FZE pays salaries to its employees. The prosecution did not produce any bank documents regarding disbursement of salary to Sharif, he said.
Sharif's counsel said that the JIT had relied upon the documents which did not mention the name of Sharif. He said that the two members of the JIT visited Dubai to collect record related to Capital FZE but they did not record statements of those persons who held these documents. He said that the name of Nawaz Sharif in these documents was mentioned as "Muhammad" only.
He said that the JIT team had also not applied to JAFZA for any document which would show the business of Capital FZE, adding that the JIT team had also not applied to JAFZA to obtain the copy of a document showing the owners, directors, secretary or authorised signatory of Capital FZE.
Haris said that prosecution adopted the stance that his client's name had been written as chairman of board due to which they declared Sharif as owner of this company.
The judge asked Haris, "When had Sharif obtained Dubai visa?" Haris replied that Sharif had applied for visa on June 18, 2006 and on July 8, 2006 he was given designation as chairman in Capital FZE.
When the judge asked Haris on which date visa was granted to his client, he replied that he did not know about the exact date of issuance of visa to Sharif.
The judge further asked Haris if there was any legal process for appointment of chairman board. Haris replied that there was no legal mean for appointment of chairman board and this was a one-man company.
The judge asked if Hassan Nawaz had produced any document regarding receiving funds from his grandfather. Haris replied that Hassan did not produce any document in this regard. He said that Hassan was the lone shareholder of Flagship Investments and other companies.
He said that no witness stated before the investigators that he ever owned Flagship Investments or other companies or ever provided any fund for them.
Haris said that both Zia and Kamran also stated that they did not collect any oral or documentary evidence that any of children of his client was dependent at the time of the establishment of these companies or he ever contributed fund for running of these businesses. Haris completed his final argument in the case and the NAB prosecutor will open its final arguments in Flagship reference today (Tuesday).
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