Al-Azizia, Flagship references: Sharif to be produced in court on Aug 13

Judge Mohammad Arshad Malik issues summons for deposed PM’s production from jail


Rizwan Shehzad August 09, 2018
-File

ISLAMABAD: For the first time during the 11-month trial in the Avenfield trial, deposed prime minister Nawaz Sharif will be produced before an accountability court from jail on August 13 to face Al-Azizia and Hill Metal Establishment references.

Following an Islamabad High Court (IHC) order to transfer the remaining corruption references against Shairf and his two sons to a different court, Accountability Court Judge Mohammad Arshad Malik conducted first hearing on Thursday and issued summons for Sharif's production from jail.

Also, the court has summoned the Joint Investigation Team (JIT) head, Wajid Zia, for his cross examination in the references on Monday.

Earlier, Accountability Court Judge Muhammad Bashir heard all the three references — Avenfield Apartments reference, Al-Azizia & Hill Metal Establishment and Flagship & other companies reference — for 10 months and pronounced the judgment in the Avenfield Apartments reference on July 6.

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Judge Bashir convicted Sharif, his daughter Maryam Nawaz and son in-law Capt (retd) Safdar and awarded 10 years, seven years and two years sentences, respectively, while imposing a heavy fine on the father and his daughter.

Roughly, the accused appeared before the court over 80 times.

During the hearing, NAB’s Deputy Prosecutor General (DPG) Sardar Muzaffar Abbasi informed the court that Sharif couldn't be produced before the court due to security concerns and then appraised the judge of pending references.

NAB's pending references are against Sharif and his sons — Hussain Nawaz and Hassan Nawaz – who have been declared proclaimed offenders due to their failure to appear before the court.

Sharif’s counsel, Khawaja Haris, informed the court that the IHC was to hear an appeal by members of the Sharif family, seeking suspension of their sentences and granting them bail on Monday.

He then requested the court to adjourn cross examination of Zia until Friday.

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“The prosecution can produce Zia for recording his statement in the Flagship reference if they want,” he added.

The court; however, fixed Zia’s cross-examination for Monday and said defence may examine Zia if he has time left from his legal commitments before the IHC.

This is the first time Sharif would be produced before the court from jail, where he has been serving his sentence following his return from London.

On July 16, Haris and counsel for Maryam and Safdar, Amjad Pervaiz, filed an appeal, challenging the judgment, writ petitions seeking suspension of the sentences and an application seeking transfer of Al-Azizia and Flagship references to another accountability court since the facts and questions of law in both the cases were similar to the ones given in the Avenfield reference.

Meanwhile, Judge Bashir also sent a letter to the IHC chief justice, saying he wished to recuse himself from hearing the two pending references.

Sharif's counsel argued before the IHC that while rendering July 6 judgment, the trial court has decided 12 questions of fact which are also common in the Al-Azizia & Hill Metal Establishment and Flagship and other companies references.

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Haris also argued on different types of bias or interest of the trial court’s judge, saying he was not imputing any actual pecuniary bias or interest of the judge in the case, rather, as the judge has disclosed his mind.

Although NAB had opposed the transfer application, the IHC ordered to transfer cases to another accountability court with directions to continue trial from where it stopped.

Following Zia's cross examination in Al-Azizia reference, the investigation officer will record his statement and then he would be cross examined.

Subsequently, Zia and another investigation officer would record testimony and they would be cross examined in the Flagship reference

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