23 October 2004	Saturday	08 Ramazan 1425

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KARACHI, Oct 22: Defence counsel of ex-senator Asif Ali Zardari on Friday contended that the prosecution had failed to prove conspiracy charges and support evidences against his client in the Mir Murtaza Bhutto murder case.

Concluding arguments on an acquittal application filed on behalf of Asif Zardari, spouse of the former prime minister Benazir Bhutto, before the district and session court, East, headed by Zafar Ahmed Khan Sherwani, Barrister Azizullah K. Sheikh prayed to the court that his client be exonerated.

Mir Murtaza Bhutto, Ms Bhutto's brother and chairman of the PPP-SB, was killed along with his close aide, Ashiq Jatoi, and six other people on Sept 20, 1996 near his residence in Clifton.

The counsel submitted that Murtaza Bhutto's dying declaration that: "Today Asif Zardari, Abdullah Shah have got us killed, they won and we have lost" was actually created by prosecution as three witnesses Asif Ali, Noor Mohammad and Asghar Ali did not mention these words in their initial statements.

He claimed these words had been put in the mouth of some witnesses after Ali Gohar Mithani was appointed investigation officer by the then chief minister, Mumtaz Bhutto.

Mr Sheikh further claimed that the said dying declaration had actually been created and spread after seeking advice from three law experts. He said that Dr Ayaz Ali, who had conducted autopsy of Mir Murtaza along with three police surgeons, had admitted during cross-examination that "the base of Mir Murtaza's tongue was badly damaged and the vein supplying blood to his brain was also ruptured."

Dr Ayaz had also admitted that the deceased's mouth was filled with blood and in this condition, nobody could utter a word, the counsel submitted, insisting that the dying declaration by the victim should not be considered.

About evidences presented to support the allegation of conspiracy to kill Mir Murtaza, the counsel pointed out that the prosecution had placed evidences of witnesses Ishaq Khakwani and Rao Rasheed, who had claimed having heard what the deceased had allegedly uttered against Asif Zardari.

Besides, it had presented, as evidence, the statements of two air hostesses who said that while travelling in the same flight, they (Asif Zardari and Mir Murtaza) did not talk to each other.

The counsel contended that the prosecution could not specify that when and where did his client meet the co-accused to hatch a conspiracy to assassinate Mir Murtaza, nor did it show a connection between his client and police officials.

The lawyer also cited a ruling of the Supreme Court in support of his contentions. Special Public Prosecutor Ilyas Khan started his arguments after the defence closed its side. The court will resume hearing on Saturday. -PPI