ISLAMABAD: The Accountability Court on Friday allowed the National Accountability Bureau (NAB) to record statements of two witnesses of prosecution via video link in the supplementary reference against Sharif family regarding Avenfield Apartments.
Accountability Court Judge Muhammad Bashir accepted NAB’s application seeking court’s permission to record statement of the witnesses through video link at the Pakistan High Commission in London. The judge, subsequently, ordered to make arrangements by installing devices in court for recording witnesses’ evidence.
The prosecution said that both the witnesses – Robert W Radley, the Principal at the Radley Forensic Document Laboratory and Akhtar Raja, the Principal at the Quist Solicitors – are in the United Kingdom and can’t come to Pakistan due to security reasons and ‘heavy engagements.’
In his arguments, NAB’s Deputy Prosecutor General Sardar Muzaffar Abbasi said that the witnesses were willing to record their statement through video link and can’t come to Pakistan due to security threats. He, however, said that over 200 million people are peacefully living in Pakistan.
The prosecutor said that there was no provision in the Criminal Procedure Code (CrPC), 1898, or any other law which compels a witness to come to Pakistan and give evidence. In addition, he said, facility of video link was not available and used in the year 1898.
He said that inconvenience and delay would be caused and authorities will have to bear heavy expense as well, adding “there is no reciprocal arrangement between the United Kingdom and Pakistan”. He also read about statement through video link from a SC’s judgment.
While relying on section 503 (when attendance of witness may be dispensed with) of CrPC, Abbasi said that no prejudice would be caused to accused and witnesses’ testimony was essential for a justice decision.
Interestingly, defence counsel Amjad Pervaiz countered NAB prosecutor’s arguments while relying upon the same judgment he used to advance his case. He informed the court that the SC judgment cited by the prosecutor had concluded that witness’ statement would be recorded through a commission.
On reciprocal arrangement, Pervaiz revealed that “reciprocal arrangement does exist between UK and Pakistan” as opposed to the prosecutor’s argument. He subsequently read about it from the gazette published in 1960 and cited by SC in a judgment in 1999, adding that witness has to be made subject to a court’s jurisdiction for his statement.
As per the document, he said, the Supreme Court Judicature, London, can examine witness. He added that by way of issuing commission, the court and prosecutor can examine witness in the highest court of England.
In addition, Pervaiz said that Radley in his declaration about his terms and conditions before the JIT had stated that “I may be required to attend the court for cross examination” and there is no mention of video link. He added that family and anti-terrorism laws have provision regarding video link but the NAB ordinance is silenced about it.
Following the arguments, the court reserved verdict for a few hours and later pronounced it.
Radley, being a forensic examiner, had revealed that the type font used in trust deeds of two companies was Calibri which was not commercially available before 31st January 2007 the documents were prepared and signed on an earlier date.
