ISLAMABAD JULY 21 (TNS): The British Virgin Islands’ (BVI) law officer has declined to assist the Joint Investigation Team (JIT) in probing alleged offences committed by two offshore companies i.e. Nescoll Limited and Nielson Enterprises that control the Sharifs’ four upscale London apartments.
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Sarah Potter-Washington, Crown Counsel for the BVI Attorney General, replied in response to a mutual legal assistance (MLA) request from JIT head Wajid Zia. The request sought assistance in the confirmation, verification and certification of certain documents. The communication from the BVI Attorney General’s Chambers is the second response to the JIT’s three earlier requests.
Another letter from Sheikh Hamad bin Jassim bin Jaber Al Thani, in addition to the BVI correspondence, was also brought before the three-judge Supreme Court bench in sealed envelopes and was opened in the presence of both parties’ counsel.
Since the probe team has wrapped up its secretariat inside the Federal Judicial Academy, the letters were forwarded to the Supreme Court registrar, though these documents were addressed to the JIT.
The BVI law officer said in the first letter, that though the JIT had sought MLA assistance, it did not conform to the laws of the territory.
Elucidating further, the latter said that the JIT’s summary of facts did not provide any background information, which showed a nexus between these companies and any alleged offence.
Furthermore, the request does not show how these companies may have been involved in the inferred offence of corruption or corrupt practices, the letter said.
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In addition to the information provided, the request must show, prima facie, how the offence was committed and must also provide a copy, and not a quote, of the law relative to the offence committed. The request also did not indicate clearly whether criminal investigations were ongoing or if any proceedings had commenced with respect to the companies and the beneficial owners of these companies.
Therefore, the BVI law officer said it was unable to render any assistance in response to the JIT’s request, but suggested that after these anomalies were rectified, a fresh request may be submitted for further consideration.
Likewise, the former Qatari prime minister explained in his fresh letter that the JIT’s insistence on jurisdiction was an irrelevant discussion and he would not enter into any further discourse or argument on the question of jurisdiction, since his stance on the matter was very clear.
Sheikh Al Thani did not recognize the jurisdiction of Pakistani laws and courts in any manner whatsoever, the letter reiterated his earlier stance. He contended that the JIT’s argument that by writing to the Supreme Court, he had accepted and submitted to the jurisdiction of Pakistani laws and courts was inappropriate and factually incorrect. The earlier letters, which were submitted to the Supreme Court, provided certain factual information and do not in any manner depict that he had accepted any such jurisdiction, the letter explained.
Al Thani also highlighted his willingness to meet the JIT in Doha. The two letters were also made available to all parties before the court.
