ISLAMABAD: The accountability court on Thursday announced that the Joint Investigation Team’s (JIT) report on Panama Papers case may be admissible as evidence in court, as it was not strictly termed as a police investigation report.
The case proceedings continued with statement recording of key witness and former head of the JIT Wajid Zia, who probed into the Panama Papers. It is still unclear what will be admissible or inadmissible as evidence in the court from the witness’s statement until it is completed. The court, responding to the defense counsel’s objections, stated that once the statement is recorded the objections will be ruled on.
Judge Mohammad Bashir said that the JIT report catered to the questions raised by the Supreme Court (SC) and thus the report could not be taken as a police report, and it might be admissible as evidence too.
The Accountability Court order stated that the trial’s verdict will be based on material evidence rather than the opinions of a police officer. The order clarified that the accused shall have no ambiguity in mind that the material in JIT report shall not be reviewed as per principle of law and would enact according to the prosecution’s witness’s opinion.
Earlier the defense counsel had challenged the legality of the JIT report as evidence in the reference case, arguing that any opinion formed by the investigation officer was inadmissible in the court. The court said that the opinion of the witness was appreciated by the court and it was well in its power and authority to review it; however, it is not binding for the court even if recorded as a statement.
Judge Bashir stated that the court had the privilege to give a ruling saying, “It is clearly decided here that learned prosecutor shall not be allowed questions eliciting the opinion about guilt or innocence of accused.”
He added that no hard and fast rule could be made pertaining to the relevance of the evidence by the witness’s opinion during his statement recording.
Judge Bashir said that ‘statement to the extent of fact in issue and relevant fact shall be considered’.
Wajid Zia was recording his statement during the hearing of the Avenfield reference case filed by NAB. It was his fifth appearance before the court on Thursday to record his statement in the case so far. After the statement recording, defense counsel will cross-examine the witness.
The Sharif family has been under trial by the accountability court since September 2017 for corruption in Avenfield properties, Flagship Investments Ltd and Al-Azizia steel mills supplementary reference cases.