‘Trust Deed’ confirmation by UK solicitor crucial

LONDON: The lawyer acting for Hussain and Hasan Nawaz Sharif told the Joint Investigation Team (JIT) that he was involved as a witness and lawyer in the execution of “Trust Deed” between Hussain and Maryam Nawaz on 4th February, 2006.

The confirmation by Freeman Box Solicitors is of central legal importance at this stage and any following stages that look likely to follow because of a number of legal reasons. The JIT did inform the Supreme Court of Pakistan about the contents of correspondence from Freeman Box to JIT’s London law Firm Quist Solicitors but the observations made on this crucial piece of evidence appear to be casting doubt on the authenticity of the contents of the letter while giving an impression as its of no value.

The News has seen correspondence between the JIT and London lawyer acting for Hassan and Hussain Nawaz. Freeman Box, a reputable law firm governed by legal framework of England Wales, confirmed to the JIT’s London law firm that the ‘Trust Deed’ between Maryam Nawaz and Hussain Nawaz Sharif was indeed signed on 4th February 2006 at his office.

On 27 June 2017, the Quist Solicitors wrote an email to Hussain Nawaz’s lawyers at Freeman Box seeking to confirm and verify the authenticity of the ‘Trust Deed’. The letter was received by Freeman Box at 13:36.

Hussain Nawaz’s lawyers replied to Quist Solicitors within 48 hours through a recorded delivery on 29 June, 2017 confirmed contents of the ‘Trust Deed’.

Hussain Nawaz’s lawyers confirmed the following: “On 4th February 2006, Mr Hussain Nawaz Sharif and Mr Waqar Ahmed attended at these offices (Bentinck Street, W1U 2BJ) bearing the original Declarations of Trust, copies of which were attached to your email under reply and neither of which had Mr Freeman seen previously.”

The law firm confirmed: “Mr Hussain Nawaz Sharif signed the two Declarations of Trust before Mr Ahmed and Mr Freeman who witnessed both the signatures of Mr Hussain and Mr Ahmed”.

Freeman Box lawyers told Akhtar Raja’s law firm that the same has already been “confirmed by Mr Freeman in his letter of 5th January, 2017, which correctly set out the date that Mr Sharif signed the Declarations of Trust”.

It’s clear that the Quist solicitor’s approach was to verify independently the ‘Trust Deed’ which was done by Freeman Box.

The JIT has used the word “alleged” while giving its observations about Freeman Box and wrote that “failure by Mr Freeman to respond in comprehensive terms to Quists’ letter as strongly indicative of the fact that to do so, namely, provide full and honest replies, would have incriminated not only Hussain Sharif and Maryam Safdar but also the other respondents in addition to Mr Freeman himself”.

There are serious consequences for lawyers working in England & Wales if they make false representations.

It must be noted that Freeman Box has now repeatedly confirmed that the ‘Trust Deed’ between Maryam and Hussain Nawaz is genuine and that has been confirmed under oath. Anyone lying under oath in England and Wales can be charged for perjury which is a statutory offence under section 1(1) of the Perjury Act 1911 because juries and judges often base their verdicts, sentences, or other important decisions on sworn testimony and signed documents. Statements given under oath and certain legal documents are presumed to be truthful, or at least made in good faith but those who are caught knowingly misleading a court face serious criminal charges of perjury for making false or misleading statements under oath or to sign a legal document you know to be false or misleading. The punishment is a term not exceeding seven years or a fine or both.

If a lawyer doesn’t pass the evidence to a jury or court, withholds it, does an act or tends to do an act which perverts the course of public justice then its an offence under the common law of England and Wales.

Perverting the course of justice is an incredibly serious crime that involves one person attempting to misdirect the direction of justice to influence the outcome of a case. The maximum sentence is life imprisonment and/or a fine.

Solicitors and lawyers in England and Wales are regulated by the Solicitors Regulation Authority (SRA) and anyone found in breach of professional conduct not only faces jail sentencing upon conviction but also loses licence to practice law.

Dr Akbar Malik, Barrister-at-Law & Solicitor of the Senior Courts of England and Wales, said that lawyers working in the UK would not risk misleading courts and juries or their clients because it has serious implications for their careers and livelihood. He said that where a declaration of trust is executed at a reputable firm of solicitors, (as in this case, Freeman Box) then it is presumed to be genuine.

“Solicitors in the United Kingdom are reputable brand of professionals and highly respected and are Officers of the Supreme Court. Therefore it is expected that they would execute such declarations properly. In such case the facts state that the ‘Trust Deed’ was signed and prepared legally. If a declaration of trust in the United Kingdom is duly signed in the presence of a qualified solicitor, then it is considered to be a genuine document.”

Dr Akbar Malik said questions are being raised in Pakistani media about the ‘Trust Deed’ but he said that confirmation by Freeman Box is a “critical and crucial evidence” because “it’s evidential value is so high that it can change the course of a whole trial”.

Documents obtained by the International Consortium of Investigative Journalists (ICIJ) last year revealed details about offshore companies connected to a number of high profile political figures and suggested that prime minister's daughter Maryam Nawaz was the “beneficial owner” of these flats. But Maryam Nawaz Sharif has claimed she was only a trustee - and that her brother Hussain Nawaz was the beneficial owner. Maryam Nawaz has produced a ‘Trust Deed’ signed by both her and her brother dated February 2006.

Originally published in The News