ISLAMABAD: A former deputy chairman of the National Accountability Bureau (NAB), Hassan Wasim Afzal, on Wednesday told a court that the original record in the SGS-Cotecna reference he provided to the then Ehtesab bench in 1998 had gone missing.

Testifying before the accountability court judge, Mohammad Bashir, the former NAB official stated that he himself brought original record pertaining to the SGS and Cotecna corruption references from Switzerland and submitted to the then Ehtesab bench in Lahore comprising Justice Ehsanul Haq Chaudhry and Justice Raja Mohammad Khursheed.

The accountability court was hearing two acquittal applications of the former president Asif Ali Zardari in which his counsel Farooq H. Naek argued before the court that since original record in these corruption references did not exist, his client Asif Ali Zardari might be absolved of the charges under Section 265-K for want of evidence.

Ex-NAB deputy chairman claims original record in SGS-Cotecna reference has gone missing

Former deputy chairman while recording his testimony said the documents he provided to the court contained agreements with the offshore companies, details of bank accounts and their beneficiaries, some judicial decisions and other documents.

Afzal claimed that he provided the original record to the Ehtesab bench. But when the court asked when and where the record had disappeared, he could not give an answer.

To a question whether he still holds the record, Wasim Afzal said he could not keep the record after his retirement, adding the record should either be with the Lahore High Court or the accountability court.

After the court proceedings, Wasim Afzal told the media that the record had also an agreement signed between Asif Ali Zardari and a shipping agent. “Unfortunately, the original record was not produced before the court today. I told the court that in the absence of original record my testimony would be of no use,” Wasim Afzal said.

Wasim Afzal told the court that he was a witness in 20 corruption references, but the prosecution recorded his statement in the SGS case under Section 161 for which he was cross-examined for four months from October 1998 to February 1999.

When Wasim was recording his testimony, Zardari’s counsel Farooq H Naek requested the court to restrict the witness to recording his testimony rather than arguing like a lawyer.

On December 22, 2014, the accountability court of Islamabad had dismissed Zardari’s application under section 265-K of Criminal Procedure Code (CrPC) seeking acquittal in SGS and Cotecna reference.

The same court on December 12, 2014 had acquitted Zardari in two corruption references of Ursus tractors and import of ARY gold which was challenged by the NAB in the Islamabad High Court.

In addition to the SGS-Cotecna cases, original record of some other corruption references also went missing and the references were based on photocopies.

On May 28, 2014 the accountability court of Islamabad had also acquitted Zardari in the polo ground corruption reference.

After court proceedings, Farooq H Naek told the media that the Wasim Afzal’s statement was a lie as original record in the corruption references did not exist. All cases against Zardari were politically motivated to victimise him. The court then adjourned the case until September 22.

SGS and Cotecna reference pertains to the award of pre-shipment contracts in which the accused had allegedly received six per cent kickbacks.

In Rawalpindi, two prosecution witnesses, Farid Junejo and Abdul Qadir, recorded statements before the accountability court in the Zardari’s assets reference. Advocate Naek, counsel for Zardari, cross-examined the witnesses. Further hearing in the reference adjourned till September 19.

Published in Dawn, September 10th, 2015

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