Former Prime Minister Nawaz Sharif's counsel on Wednesday said that prosecution has neither produced any witness nor any document to prove that his client is the benamidar or real owner of two offshore companies, Nielson and Nescoll, holding the Avenfield apartments.
"Wajid Zia, a key prosecution witness and head of Joint Investigation Team (JIT) that probed Panama Papers case, while recording his statement before the Accountability Court stated that no witness appeared before the JIT who stated that Sharif is beneficial owner of London flats," added Khawaja Haris during his final arguments in the Avenfield reference.
He further told the Accountability Court Judge Muhammad Bashir that the documents related to London flats obtained from Financial Investigation Agency (FIA) of British Virgin Islands (BVI) did not prove Sharif's ownership of the Avenfield apartments. The chief counsel for Sharif said that under the law, prosecution has to establish the case and then burden of proof is shifted to the accused. But here the prosecution has already shifted the burden proof to the accused, he said, adding that the prosecution did not probe the known sources of income of Sharif. "When the prosecution is not aware of known sources of income then how it can establish link between assets and the income," he said.
Sharif's counsel said that Zia had admitted that there is no document to prove that Nawaz Sharif is director of two offshore companies. "Zia also said that no witness stated before the JIT that bearer shares of the two companies were ever held by Sharif," he said, adding that Zia has no bank record to establish link of Sharif with these two companies.
He said that accused Sharif while recording his statement before this court stated that he never remained beneficial owner of Nielson and Nescoll, which own London properties. "Sharif also stated that he never participated in the ownership and transaction of foreign companies," he said, adding that Zia also stated that Sharif never participated in the operation of foreign business.
Haris said that Sidra Mansoor, prosecution witnesses and joint registrar Securities and Exchange Commission of Pakistan (SECP), has no information to link Sharif with London properties. "Sidra Mansoor was only the record keeper of the documents she produced before the court," she said.
"The NAB team despite visiting London did not make any efforts to contact Lawrence Radley, partner of Dibb Lupton Broomhead, who had written a letter to Advocate Salman Akram Raja telling him that his company acted on behalf of purchasers for Avenfield apartments around 1993 to 1996 but Sharif family never instructed his company in this regard," he further said, adding that Radley was an important person as he stated that trust deed was signed in front of him and the NAB team must had asked him why he is telling that Sharif family never instructed his company to purchase Avenfield apartments.
He said that according to NAB investigation officer, there is no evidence on record to show that Sharif had issued any directions for operation of Nielson and Nescoll. He said that the prosecution has failed to establish that Avenfield apartments ever remained in the ownership of Sharif.
He said that NAB has tried to link London properties with settlement between Hudaibiya Paper Mills and Al-Taufeeq with an aim to show the connection of Sharif with London properties but they failed to establish Sharif's link with Avenfield apartments. "The JIT has stated that London flats were the property of Sharif at the time of Al-Taufeeq settlement but the prosecution did not establish this claim," he said.
The court adjourned the case till today (Thursday) and Haris will continue his final arguments in the Avenfield reference.