Forensic expert Radley lied at every step, Haris claims
Says letters from BVI showing Maryam as companies’ beneficial owner are tertiary evidence
Deposed Prime Minister Nawaz Sharif. PHOTO: REUTERS
ISLAMABAD:
After months of proceedings and numerous appearances before the accountability court, the counsel for the deposed Prime Minister Nawaz Sharif finally discovered that the noted forensic expert Robert W Radley was actually a “liar”.
“Radley lied at every step … everything related to Radley is full of suspicion, questions his credibility as well as the reports he prepared,” the ousted PM’s counsel Khawaja Haris said. In addition, he said, the witness first denied almost everything and then accepted the same during cross examination.
Continuing his final arguments in the National Accountability Bureau (NAB)’s Avenfield flats reference against members of Sharif family on Tuesday; Haris questioned Radley’s credibility by drawing court’s attention towards contradictory statements and stance taken by the witness.
Nawaz reiterates demand for across-the-board accountability
Meanwhile, Haris also admitted that pages of Coomber and Neilson & Nescoll trust deeds were mistakenly placed in each other and “the mistake was immediately realized” but the then counsel kept it ambiguous while explaining.
“Radley’s services were not required to see the mistake, we can see that it was a mistake, JIT members should also have realized that it was a mistake as all of them were qualified,” Haris said, “the report became fiction just because the documents were not attached in order.”
In his arguments, Haris said that Radley’s opinion was that Calibri font could not have been used in the alleged ‘fabricated’ trust deed of Avenfield properties submitted by ex PM’s daughter, Maryam Nawaz, as it was not commercially available before January 31, 2007.
However, he said, the witness admitted before the court that the font had been in existence since April 2005 in the beta version of Windows Vista and, in fact, he himself had downloaded it and used before its commercial launch.
“Legally or illegally, commercially or otherwise, the font was available and one could download it,” Haris argued while reading from Radley’s statement and cross examination. When there is possibility and admission by the witness that the font was available and could be used in 2005, Haris said, the rest becomes irrelevant.
No reliance can be placed on his report and testimony on the sole ground that he categorically stated that Calibri font was not available before January 2007 but later admitted that font was available and there were three possibilities in which a person could use the Calibri font in the year 2005.
“He is not lying on one front but on every front,” Haris said, “This [report] is not worth relying upon in any manner.”
He could have said that the suspects could not have downloaded Windows Vista or used Calibri font before 2007 but he didn’t, Haris said, because he himself downloaded and used it despite not being an IT expert or a computer geek. “If he can then why can’t anyone else,” Haris commented.
“This witness is not just professionally unsound but a total lie,” Haris said, adding that Radley had to keep on lying in order to justify his stance while recording his statement and during cross examination.
Among other things, Haris pointed out that Radley started working without any contract as he himself revealed that JIT sent documents in response to his terms and conditions for work.
Also, Haris said, first the witness said he does not read the documents, only uses instruments for examination and prepares report but later admitted that he did go through the documents but didn’t know what was in it.
Court restricts Nawaz, Maryam from visiting ailing Kulsoom
“How can he differentiate between identical and different pages without reading the contents of the documents,” Haris questioned, adding that how he compared words, sentences and paragraphs without reading.
At one stage, Haris pointed out, Radley said he did not know if his report would be presented before a court in United Kingdom or Pakistan but later conceded that the documents attached clearly stated about the petitioner, Imran Khan Niazi, and that the report would be submitted before the Supreme Court of Pakistan.
Haris also questioned what kind of forensic expert he is who examined a scanned photocopy of the trust deed.
About NAB’s Deputy Prosecutor General Sardar Muzaffar Abbasi’s meeting with Radley in London a day before Radley’s statement and cross examination in the case, Haris said that NAB officials were allowed to be present as observers and were not supposed to intervene in any manner let alone guiding the witness.
During cross examination, Haris said, Radley said that he shared all the information, prepared and distributed notes with NAB officials regarding Calibri font believing that they would be the ones recording his statement the next day. On the day of recording his testimony, Haris said, he came to know that they had no role in the process except for being present there.
BVI letters tertiary evidence, Haris
During his arguments, Haris said that letters that came from Financial Investigation Agency (FIA) of the British Virgin Island (BVI) stating that Maryam Nawaz was the beneficial owner of the Avenfield properties were neither primary nor secondary evidence in the case.
“BVI letters are tertiary evidence,” Haris said while arguing over evidentiary value of the evidence produced before the court while reading different judgments. He informed the court that any document can come on record but it is not necessary that it may be read as evidence. Unless, the author, witness and executant come in court and they are cross examined, he added, documents can’t be read as evidence.
Accountability court excuses 'unwell' Nawaz
He also said that all the Mutual Legal Assistance (MLA) requests should have been sent and received through foreign office for authenticity as it was the proper channel for state to state communication.
On the testimony of a witness, Zahir Shah, who produced additional documents in the supplementary reference, Haris said that he plainly said that he did not read the documents obtained from UK but produced the same in court.
At last, Haris said, Shah admitted that he did not see Nawaz Sharif, Maryam, Hassan and Hussain’s names in the registry of title, council tax documents, water bills, custom tax etc.
Haris would continue arguments on June 27 (today). He is expected to conclude his final arguments today.
After months of proceedings and numerous appearances before the accountability court, the counsel for the deposed Prime Minister Nawaz Sharif finally discovered that the noted forensic expert Robert W Radley was actually a “liar”.
“Radley lied at every step … everything related to Radley is full of suspicion, questions his credibility as well as the reports he prepared,” the ousted PM’s counsel Khawaja Haris said. In addition, he said, the witness first denied almost everything and then accepted the same during cross examination.
Continuing his final arguments in the National Accountability Bureau (NAB)’s Avenfield flats reference against members of Sharif family on Tuesday; Haris questioned Radley’s credibility by drawing court’s attention towards contradictory statements and stance taken by the witness.
Nawaz reiterates demand for across-the-board accountability
Meanwhile, Haris also admitted that pages of Coomber and Neilson & Nescoll trust deeds were mistakenly placed in each other and “the mistake was immediately realized” but the then counsel kept it ambiguous while explaining.
“Radley’s services were not required to see the mistake, we can see that it was a mistake, JIT members should also have realized that it was a mistake as all of them were qualified,” Haris said, “the report became fiction just because the documents were not attached in order.”
In his arguments, Haris said that Radley’s opinion was that Calibri font could not have been used in the alleged ‘fabricated’ trust deed of Avenfield properties submitted by ex PM’s daughter, Maryam Nawaz, as it was not commercially available before January 31, 2007.
However, he said, the witness admitted before the court that the font had been in existence since April 2005 in the beta version of Windows Vista and, in fact, he himself had downloaded it and used before its commercial launch.
“Legally or illegally, commercially or otherwise, the font was available and one could download it,” Haris argued while reading from Radley’s statement and cross examination. When there is possibility and admission by the witness that the font was available and could be used in 2005, Haris said, the rest becomes irrelevant.
No reliance can be placed on his report and testimony on the sole ground that he categorically stated that Calibri font was not available before January 2007 but later admitted that font was available and there were three possibilities in which a person could use the Calibri font in the year 2005.
“He is not lying on one front but on every front,” Haris said, “This [report] is not worth relying upon in any manner.”
He could have said that the suspects could not have downloaded Windows Vista or used Calibri font before 2007 but he didn’t, Haris said, because he himself downloaded and used it despite not being an IT expert or a computer geek. “If he can then why can’t anyone else,” Haris commented.
“This witness is not just professionally unsound but a total lie,” Haris said, adding that Radley had to keep on lying in order to justify his stance while recording his statement and during cross examination.
Among other things, Haris pointed out that Radley started working without any contract as he himself revealed that JIT sent documents in response to his terms and conditions for work.
Also, Haris said, first the witness said he does not read the documents, only uses instruments for examination and prepares report but later admitted that he did go through the documents but didn’t know what was in it.
Court restricts Nawaz, Maryam from visiting ailing Kulsoom
“How can he differentiate between identical and different pages without reading the contents of the documents,” Haris questioned, adding that how he compared words, sentences and paragraphs without reading.
At one stage, Haris pointed out, Radley said he did not know if his report would be presented before a court in United Kingdom or Pakistan but later conceded that the documents attached clearly stated about the petitioner, Imran Khan Niazi, and that the report would be submitted before the Supreme Court of Pakistan.
Haris also questioned what kind of forensic expert he is who examined a scanned photocopy of the trust deed.
About NAB’s Deputy Prosecutor General Sardar Muzaffar Abbasi’s meeting with Radley in London a day before Radley’s statement and cross examination in the case, Haris said that NAB officials were allowed to be present as observers and were not supposed to intervene in any manner let alone guiding the witness.
During cross examination, Haris said, Radley said that he shared all the information, prepared and distributed notes with NAB officials regarding Calibri font believing that they would be the ones recording his statement the next day. On the day of recording his testimony, Haris said, he came to know that they had no role in the process except for being present there.
BVI letters tertiary evidence, Haris
During his arguments, Haris said that letters that came from Financial Investigation Agency (FIA) of the British Virgin Island (BVI) stating that Maryam Nawaz was the beneficial owner of the Avenfield properties were neither primary nor secondary evidence in the case.
“BVI letters are tertiary evidence,” Haris said while arguing over evidentiary value of the evidence produced before the court while reading different judgments. He informed the court that any document can come on record but it is not necessary that it may be read as evidence. Unless, the author, witness and executant come in court and they are cross examined, he added, documents can’t be read as evidence.
Accountability court excuses 'unwell' Nawaz
He also said that all the Mutual Legal Assistance (MLA) requests should have been sent and received through foreign office for authenticity as it was the proper channel for state to state communication.
On the testimony of a witness, Zahir Shah, who produced additional documents in the supplementary reference, Haris said that he plainly said that he did not read the documents obtained from UK but produced the same in court.
At last, Haris said, Shah admitted that he did not see Nawaz Sharif, Maryam, Hassan and Hussain’s names in the registry of title, council tax documents, water bills, custom tax etc.
Haris would continue arguments on June 27 (today). He is expected to conclude his final arguments today.