ISLAMABAD: The third prosecution witness on Monday testified against Finance Minister Ishaq Dar as the accountability court resumed the trial in the assets reference.

Mr Dar’s counsel Khawaja Haris Advocate also cross-examined the witness, Assistant Vice President Al-Barka Islamic Bank Tariq Javed.

Mr Haris claimed that there were discrepancies in the statement of bank accounts and its details, adding some documents were also missing. When the court asked about the importance of the discrepancies, Mr Haris said on the basis of section 265-K of the Code of Criminal Procedure the accused may be acquitted for insufficient evidence.

The NAB prosecutor objected to several questions Mr Haris put to the witness saying the defence counsel was posing irrelevant questions.

Accountability court rejects finance minister’s request for exemption from personal appearance

Under the law of evidence, the contents of documents are only for the court to examine and these could not come under discussion during the cross-examination.

At the outset, Mr Dar sought an exemption from personal appearance as he had to attend the joint meeting of the cabinet and the Revenue Division but the court turned down the request.

The NAB prosecutor opposed the exemption saying under the law the presence of the accused was mandatory during recording of evidence.

Nothing is important than appearing before the court and exemption can only be granted either on medical grounds or any unavoidable circumstances.

At the last hearing, the prosecution witness could not produce the email his organisation had received from NAB seeking information about the bank accounts of Mr Dar and his wife.

The defence counsel had then asked for the email so that he would conclude his cross-examination.

The witness on Monday produced the email which had come from the bank’s head office in Karachi to the branch manager.

The defence counsel asked the witness about the letter his bank had received from NAB on August 16.

The prosecution pointed out that the letter was attached with the reference.

The witness told the court that on August 16 they received a letter from NAB asking for details about the bank accounts of Mr Dar and his wife and the same day they replied to the letter.

The Lahore branch had traced the bank accounts of Tabassum Ishaq Dar and informed the Karachi head office that the account opening form of Ms Dar and her CNIC had been found.

Going through the emails between the bank’s Lahore branch and Karachi head office, Advocate Haris said in this correspondence there was no mention of the NAB letter. In reply, the witness said it was mentioned in the subject.

The counsel pointed out that the time mentioned in the email was 12:45pm while the letter received by the witness through a fax stated the time as 14:05pm. The witness said he did not know about that.

The counsel said there were discrepancies in the NAB letter and the email produced before the court.

Accountability Judge Mohammad Bashir adjourned further proceeding of the trial to October 18 when two more prosecution witnesses would record their statements and will be cross examined.

The accountability court on September 27 had indicted Mr Dar in an interim corruption reference to which he pleaded not guilty.

Published in Dawn, October 17th, 2017