Star witness of National Accountability Bureau (NAB) Wajid Zia on Tuesday told the Accountability Court that Mian Muhammad Sharif, the late father of former Prime Minister Nawaz Sharif, had not looked after his entire business by himself in his lifetime.
Zia, who also headed Joint Investigation Team (JIT) that probed Panama Papers case while testifying before the Accountability Court Judge Muhammad Bashir in the Avenfield reference, said that it is incorrect that during the course of investigation different persons or accused who appeared before the JIT had stated that Main Muhammad Sharif used to look after his entire business by himself, rather Gulf Steel Mill and Al-Aziza Steel Mill were being managed on his behalf by otheRs He said this while replying to a question posed by the Sharif family counsel Khawaja Haris.
"The Gulf Steel Mill was run by Tariq Shafi and Al-Azizia Steel Mill was run and managed by Hussain Nawaz," he further said. The witness said that it is correct that the family members who referred to the manner of conduct of Main Muhammad Sharif's business had stated before the JIT that during his lifetime Main Sharif used to apportion shares to all his children and even determine their pocket money.
Zia also said that no witness stated before the JIT that Hussain, Hassan and Maryam Nawaz were dependent on Nawaz Sharif for their business and livelihood. It is correct that as per Nawaz Sharif's statement before the JIT, neither did he remain owner nor did he have beneficial interests in the Avenfield apartments. It was Nawaz Sharif's version before the JIT that neither was he the owner nor was he having any beneficial interest in any foreign company including Nelson and Nescol, Zia said.
Replying to another question, he said that Nawaz Sharif also stated before the JIT that as far as the worksheet submitted in Supreme Court by his son is concerned, he did not recall being seen it or knows about its contents. Sharif also stated before the JIT that he had no knowledge regarding the trust deeds signed between Hussain Nawaz and Maryam Nawaz with reference to the company of Hussain, he said, adding that Sharif also stated before the JIT that he did not know how the share bearer certificates of Nelson and Nescol companies were transferred.
Zia informed the court that the JIT did not investigate the mode of payment to former premier Sharif from Capital FZE. However, the payment certificate, certified by the Jebel Ali Free Zone Authority (JAFZA), clearly established that such a payment had been made. To this, Haris told Zia that he is asking about the mode of payment. Zia replied that he did not talk about the mode of payment but was just talking about payment.
Haris then questioned the JIT's process of obtaining the relevant documents of Capital FZE. "In Volume-VI of the report the payment certificate is attached and it contains the term 'OTC.' What does it stand for?" Haris asked Zia. "I cannot say for sure," Zia replied. The defence counsel again questioned the witness about another term 'WPS' mentioned in the certificate, asking Zia if he knew what it meant, to which the JIT head again replied in the negative. Haris then said 'WPS' can stand for Wage Protection System.
Haris questioned Zia whether WPS was introduced in Dubai in 2009. On this Zia replied that he does not know when it was introduced, but when the JIT went to Dubai to obtain the documents, it was invoked. Haris said that under the WPS, payment can only be made through banks. To this Zia said that as per his knowledge, the certificate was to be produced in front of relevant authorities and that is what he has done.
Zia said that it did not come to the notice of the JIT during the course of investigation that under the WPS, an OTC payment is not permissible. "The JIT did not investigate how WPS works in Dubai. The banking channel can be the only mode of payment," Zia said. Zia said that the JIT team prepared no recovery or memo of possession when they went to Dubai to obtain the documents. "The JIT also never confronted Hassan Nawaz regarding the documents pertaining to Capital FZE when he appeared before the team," Zia said, adding that no notice was sent to Nawaz Sharif or Hassan Nawaz regarding the documents obtained.
Sharif's counsel asked Zia whether the JIT had sought the record of Capital FZE's owner, directors and secretary from the JAFZA. On this, Zia said that he had not contacted the company in this regard. The company's name was present in the list of trading license, he added. During the cross-examination, Sharif's counsel and NAB Deputy Prosecutor General Sardar Muzaffar Abbasi exchanged harsh words when the latter said that Haris has been cross-examining the witness on admitted facts for the last three days. "Sharif had accepted his employment in Capital FZE as well as his Iqma," he said, adding that only stance of the accused is that he did not receive salary.
Abbasi said the accused had made a statement in the Supreme Court that he had remained the chairman of Capital FZE in 2006. "Under the law defence counsel is not allowed to cross-examine on admitted facts," he said. On this, Haris said that Zia had recorded statement before Accountability Court regarding Capital FZE and produced the documents related to Capital FZE as evidence. "When did I say that the Iqama of Sharif is fake or that he never remained chairman of Capital FZE?" he asked.
On this, the judge asked Haris, "argue the case but shorten it." Haris questioned why NAB has produced Capital FZE documents. "If NAB excludes Capital FZE documents then we will not argue," he said. He said that Capital FZE is a matter related to the London flats. "This is my case and it is my right to ask different kinds of questions," he added.