ISLAMABAD: The much-awaited detailed judgement in the National Accountability Bureau’s (NAB) reference about Flagship Investment against former prime minister Nawaz Sharif is ready and will be released to the prosecution and defence counsel on Monday (today).
According to an official of the accountability court that heard the case, Judge Mohammad Arshad Malik and his staff worked hard to remove typographical errors from the written judgement even though winter vacations are under way.
He said the judgement had been finalised by Friday evening, but the same could not be issued during the weekend because Saturdays and Sundays are notified holidays.
Zahoor Ahmed, a clerk of Mr Sharif’s lead counsel Khawaja Haris, said the defence team had applied for the written order on Dec 24, when Judge Malik had announced his verdicts in the Flagship and Al-Azizia references.
Reasons given for Nawaz Sharif’s acquittal in the case could form main points of the appeal to be filed in Al-Azizia reference
Mr Sharif was acquitted in the Flagship Investment reference but convicted in the Al-Azizia reference.
According to Mr Ahmed, the court staff told him on Friday that the judgement had not been signed and it could be issued on Monday.
A defence counsel, Zubair Khalid, said it was difficult for his team to file an appeal against Mr Sharif’s conviction in the Al-Azizia reference without going through the verdict given in the Flagship reference.
Under the National Accountability Ordinance, an appeal against an order of the trial court can be filed within 10 days of receipt of a judgement.
The accountability court issued its verdict in the Al-Azizia reference to Mr Sharif and his legal team on Dec 24. Therefore, the defence team is expected to file their appeal against that judgement by Jan 3.
According to Mr Khalid, the detailed reasons given for Mr Sharif’s acquittal in the Flagship Investment reference could form the main points of the appeal to be filed against the former premier’s conviction in the Al-Azizia reference.
Sources in the accountability court said the detailed order in the Flagship reference comprised more than 75 pages.
They said the main reason for acquittal was that NAB could not shift the onus of proof to the accused. Subsequently, the court acquitted Mr Sharif for want of evidence.
The Supreme Court in its verdict of April 20, 2017 had ordered the formation of a joint investigation team (JIT) headed by an additional director general of the Federal Investigation Agency and asked it to answer multiple questions, including those relating to the setting up of Al-Azizia/Hill Metal Establishment (HME) and Flagship Investment companies.
The apex court had also asked the JIT to probe any transactions from the Gulf Steel Mills (GSM) through which the Sharif family had allegedly acquired the Avenfield properties, HME and Flagship Investment as well as other companies.
Subsequently, the money trail of the Sharif family was reported to have started from AED12 million from GSM which was invested with a Qatari family and drawn for Avenfield properties, HME and Flagship Investment.
In its report submitted to the Supreme Court in July 2017, the JIT rejected the said money trail. Accountability Judge Mohammad Bashir in his verdict in the Avenfield properties reference and Judge Arshad Malik both remained unconvinced about the financial source from which the Sharif family was said to have acquired properties and started businesses in the United Kingdom and Saudi Arabia.
The difference between the Al-Azizia/HME and Flagship Investment references was that in the former, the prosecution brought on judicial record that Mr Sharif received $10.2 million and 1.26m euros from the HME whereas no such amount was remitted in his name from the Flagship Investment and other companies owned by Hassan Nawaz in the UK.
Published in Dawn, December 31st, 2018
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