Nawaz’s counsel concludes arguments in plea against Avenfield verdict

• NAB requested IHC to adjourn the hearing for two days
• Khawaja Harris presented concluding arguments to court

ISLAMABAD: Former prime minister Nawaz Sharif’s counsel, Khawaja Harris on Wednesday concluded his arguments before the Islamabad High Court (IHC) regarding the Sharifs’ petition for suspension of the accountability court’s verdict against him in the Avenfield properties reference.

A two-member bench of the IHC, comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb heard the case when Deputy Prosecutor General Sardar Muzaffar Abbasi sought time to provide paragraph-wise comments in line with the request of Nawaz’s counsel Khawaja Harris.

Moreover, Abbasi asked for the hearing to be adjourned for two days so “he can reply as he did not receive a copy of the court order on time”.

“We cannot adjourn the hearing on these grounds,” Justice Minallah said.

Following this, the bench rejected his plea and Nawaz’s counsel presented his arguments before the court.

Justice Minallah further told Harris that “according to you, there’s no record of Nawaz’s property”.

Nawaz’s counsel responded, “NAB witnesses have agreed that there is no evidence against Nawaz.”

Further, Abbasi said, “NAB has brought forth records of known sources of income of Nawaz and his children.”

Following the deputy prosecutor’s statement, Justice Athar Minallah questioned how known sources of income were brought on record. “This is not a case of money laundering,” he said.

Further, Harris informed the two-judge bench that prosecution’s star witness and Panamagate Joint Investigation Team (JIT) head Wajid Zia presented a chart of assets.

“Reservations were raised in the JIT report on this chart which is on record,” Nawaz’s counsel added.

It was observed by Justice Minallah that “the registrar’s office has informed that incorrect statements attributed to judges were aired after the hearing on August 13 and we have taken serious notice of this. We are also forwarding the matter to the Federal Investigation Agency (FIA).”

Justice Minallah stated, “If judgments are given on one’s wishes then there will be no justice.”

He further said, “We value the media but those who are indulging in this are involved in contempt of court,” adding, that “for a fair trial, it is essential to have trust in the legal system and if trials start taking place outside court then that is contempt of court”.

“We have no pressure from anyone and have to pass judgments based on law no matter who the convict,” he asserted.

On August 8, a two-member bench of the IHC, comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, ordered Capt (r) Safdar’s lawyer to make accountability court party to his petition.

Amjad Pervez argued that “a plea to suspend punishment can be accepted if the sentence is less than five years.”

Justice Farooq noted this was the reason that his petition had been separated from his wife Maryam and father-in-law Nawaz Sharif’s pleas.

Pervez further said that the accountability court’s ruling in the Avenfield case was based on a forged signature on a trust deed. “The expert witness had admitted that the Calibri font was available in 2005,” he said.

The Sharif family had petitioned against their convictions in the Avenfield reference. Nawaz had also filed a plea to transfer the Al-Azizia and Flagship Investment corruption references from the court of Judge Mohammad Bashir to another accountability court. Later, IHC had clubbed the two references and the court had accepted Nawaz’s plea.

The caretaker cabinet had earlier suggested conducting the trial of corruption references against Sharif family in jail but later rescinded from the decision.

The hearing of Maryam and Nawaz’s petition against conviction in the Avenfield case was adjourned till August 13.

The trial against the Sharif family commenced on September 14, 2017.

Earlier on July 6, an accountability court had sentenced Nawaz to a total of 10 years in prison and slapped a £8 million fine (Rs1.3 billion) in the corruption reference, while his daughter Maryam was sentenced to seven years with a £2 million fine (Rs335 million). Nawaz’s son-in-law Capt (r) Safdar was also given a one-year sentence without any fine.

Nawaz and his sons, Hussain and Hassan, are accused in all three references whereas Maryam and Safdar were accused in the Avenfield reference only.

The two brothers, based abroad, have been absconding since the proceedings began last year and were declared proclaimed offenders by the court.

The Sharifs had challenged their convictions in the IHC, highlighting the legal flaws in the Avenfield case judgment and asking for the accountability court’s verdict to be declared null and void, and the three convicts are released on bail.