NAB prosecutor admits Maryam Nawaz had no role in buying Avenfield Apartments
ISLAMABAD, Sep 20 (SABAH): The National Accountability Bureau (NAB) has told the Islamabad High Court (IHC) that Vice-President Pakistan Muslim League-Nawaz (PML-N) Maryam Nawaz Sharif has no role in the purchase of Avenfield Apartments.
The statement was made by the NAB prosecutor during the hearing of applications filed by Maryam Nawaz and her husband Captain (retd) Muhammad Safdar in the Avenfield Reference case.
A two-member bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani was hearing the appeals.
NAB’s special prosecutor Barrister Usman Rashid Cheema said that the prime suspect in the case is not present, adding that Maryam and Safdar were accused of abetment.
The court replied that if primary suspect Mian Muhammad Nawaz Sharif’s case is not being pleaded, it doesn’t mean that the indictment has been proved to be true. It asked the prosecutor to argue the case on merit.
When the prosecutor referred to Supreme Court of Pakistan’s verdict in Panama Leaks Case, Justice Aamer Farooq said that the NAB has to prove its case independent of the SC’s observation.
Justice Farooq inquired if the NAB investigated the case after the Joint Investigation Team (JIT), the NAB prosecutor replied that they did investigate the case and summoned witnesses and the accused.
During the hearing, Justice Kayani said that one of the allegations against Maryam is of misleading the investigators. Did she mislead the NAB investigator or JIT’s?
When the NAB prosecutor was presenting his arguments, Justice Farooq asked him to keep in mind that Wajid Zia was their witness not an investigating officer.
Justice Aamer Farooq inquired if Maryam helped acquire the property in 1993. Did she has any role in that and how did a 2006 trust deed help acquire the property? Justice Farooq asked. He warned the NAB prosecutor that he is entering a street with a dead end.
The prosecutor said that the property was acquired by Nielsen and Nescoll in the 90s and Maryam had no role in the purchase. She helped keep the property secret, he added.
Justice Farooq also asked NAB special prosecutor Usman Cheema to prove through evidence that these properties were acquired by Nawaz Sharif in the 1990s.
He said that if the NAB could not prove the case against principle accused Nawaz Sharif then there would be no significance of the charges of aiding and abetting.
Justice Farooq also made it clear that any Supreme Court observation in the Panamagate judgment was not relevant to the decision regarding Maryam Nawaz’s appeal against her conviction.
He said that the NAB has to prove whether the prosecution proved the case against Maryam before the accountability court.
He asked Barrister Usman Cheema about the case against Maryam and her husband, whether NAB had investigated the matter and whether witnesses were called for investigation.
“We have to see how she helped acquire these properties,” said Justice Farooq, further asking the NAB counsel how the apartments were acquired in 1993.
IHC Judge Mohsin Akhtar Kayani said that the four charges against Maryam are fabrication, use of calibri font, misleading the agency and concealing the actual facts.
Justice Kayani noted that Maryam has not said that the property was her’s, or that she owned it. “Minus the trust deed, you have no case,” he added.
The prosecutor claimed that Maryam aided, abetted and assisted her father in acquiring the properties in 2006.
Justice Farooq asked the NAB about Nawaz Sharif’s role in acquiring the properties.
He said that it was “basic criminal law” that the the prosecution must establish its case using evidence even if the accused has admitted of committing the crime.
The judge inquired what evidence the prosecution had to prove the case against Nawaz Sharif. “The prosecution has to establish the case beyond reasonable doubt,” he said, adding that proceeding under Article 184(3) was of civil nature.
He inquired about the nexus between the two offshore companies and Nawaz Sharif, through documental evidence.
“Who made the payment to acquire the properties in 1993,” the IHC judge asked, adding that “NAB has to prove that the payment to acquire these properties came from Nawaz Sharif.” The hearing of the case was adjourned until September 29.