The order of additional indictment, issued by Swiss Examining Magistrate, Christine Junod on June 30, at Geneva completely refutes the earlier assertion by Benazir Bhutto and Asif Zardari.
Both, Benazir Bhutto & AAZ have been claiming that initial judgement by Investigating Magistrate Daniel Devaud was politically motivated and aimed at character assassination of the couple planned by the Government of Pakistan.
Instead of putting up a sound defence in the case itself the couple has repeatedly displayed lack of faith in the judicial systems both inland as well as abroad.
Benazir and Zardari to date have been using delaying tactics to avoid legal proceedings at an international judicial forum where their oft-trumpeted charge of political involvement of Government of Pakistan obviously stands nullified because of additional indictment of Benazir Bhutto declared by independent judicial forum on a foreign land.
Earlier, they claimed that the Judge Daniel Devaud had no legal authority to sentence them.
This contention stands refuted on the single touchstone of both the accused (BB and AAZ) having filed an appeal against the same judgement, and the case consequently getting referred to Swiss Attorney General in line with Swiss legal system.
As per the Swiss legal system the future course of action in the case of Benazir Bhutto is that the order of additional indictment will be passed on to the Attorney General of Geneva, who in turn will refer the case to the Court for formal trial.
As regards Asif Ali Zardari it is highlighted that he has repeatedly missed the proceedings on health grounds and therefore delayed the judicial process. However the delay in any case does not close the file/case.
At this stage following 3 options are available with the Examining Magistrate:
a. The Swiss Examining Magistrate re-fixes the hearing proceedings through a fresh date of trial proceedings to be announced.
b. The Swiss Examining Magistrate travels to Pakistan to provide an opportunity to the accused (AAZ) for a spot hearing.
c. A letter of rogatory is sent to the Government of Pakistan requesting for production of accused before the Swiss Examining Magistrate.
According to further details received from Geneva, the Swiss Law provides that one who gains from one s illegal activity a profit exceeding Swiss Francs 10,000/- realises an important gain through money laundering by profession and therefore commits "an aggravated act of money laundering".
In consequence, the penalty is higher than the one in a simple money laundering case. Moreover, the period of statutory limitation for the prosecution of the aggravated offence is 15 years.
The Swiss Attorney General considers that Ms Benazir Bhutto, Asif Ali Zardari and Jens Schelgelmilch, who have been recognised guilty of "simple money laundering" by the Investigating Magistrate Devaud are in fact guilty of having committed "aggravated money laundering" in a foreign land (other than their country of origin).
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 of up to Swiss Francs 1 million.