The Joint Investigation Team is all set to submit its second fortnightly report before Justice Ejaz Afzal Khan-led three member special bench today. However, the JIT has failed to question or cross examine Prince Hammad bin Jassim of Qatar whose two letters tie up the entire money trail to London flats owned by Sharif family.
Six-member JIT led by Wajid Zia of FIA sent messages through special courier to Prince Hammad and gave him three options to record his statement; via video link, in person or in presence of JIT members who would travel to Qatar to record his statement. However, Sheikh Hammad has refused to opt any.
Originally, Prince Hammad bin Jassim in his letters has admitted that a deal was struck between his father Jasim bin Muhammad Al Thani and late Mian Sharif, father of Nawaz Sharif where latter invested an amount of 12 million Dirhams in real estate business.
During a hearing of special bench, on May 29 Wajid Zia informed the members that Prince Hammad has been informed to appear before the JIT through special messenger, however he hasn’t and seems adamant. On hearing this Justice Ejaz Afzal Khan remarked that if he doesn’t appear to testify then the letter should be discarded.
With rare chances of Qatari Prince Hammad appearance in person before the JIT, many lawyers are of the opinion that refusal of Qatari prince will not only damage the stance taken by Sharif family but can also make it harder for them to produce money trail of London properties.
Supreme Court advocate and former Supreme Court Bar Association president Barrister Ali Zafar, when contacted, said that he was of the opinion that whether Prince Hammad comes or not, it will barely make a difference. ‘See, if Qatari prince doesn’t come before the JIT, it will be of no value in the eyes of law. I’ll go one step further, even if the Qatari prince comes and makes the same statement as given in the letter, that statement will be inadmissible in evidence as it will be nothing more than hearsay,’ said Barrister Zafar.
‘I think if SC decides to discard the Qatari letter, it will have adverse and long term effects on Sharif family. The observation of Justice Ejaz Afzal Khan is principally right as the document that establishes money trail of four London flats are these two Qatari letter,’ said former SC senior judge (retd) Wajihuddin Ahmed while talking to Pakistan Today.
Ahmed stressed that according to Qanoon-e-Shahadat a person who was creator of a document, he or she has to produce himself before the court or relevant authorities and owned it up and answer the queries related to the document.
‘In a criminal investigation the party who produces a document has to present himself before the investigation officer and testify, verify and confirm the contents of the document. If you see the Panama Case, the whole edifice of Sharif family’s case was erected on Qatari letter. Now Prince Hammad is reluctant to present himself before JIT in a manner, things don’t look good for Sharif family,’ said Supreme Court advocate Chaudhary Faisal adding that failure to do so resulted in the consequences for the party that produces such document.
Supreme Court advocate and former additional district and sessions judge Majid Bashir who has an extensive experience in litigation and international law said that Qatari Royal was not bound by the orders of Supreme Court and Joint Investigation Team. ‘If the court really thinks that in order to meet the ends of justice a statement of some foreign national is required, they can send a commission. However, the basic norms of diplomacy are such that the concerned individual visits the high commission or embassy, records his statement, stamps and signs it,’ he said.
