The decision not to use terrorism legislation, which is applied routinely in similar cases, has severely hampered the police investigation, it was revealed on ‘Aaj Shahzeb Khanzada Kay Saath’ on Geo News. Scotland Yard says that the investigation is instead being conducted under sections 327 to 328 of the Proceeds of Crime Act 2002.
Section 327 deals with concealment of criminal property, Section 328 deals with arranging or facilitating the use or control of criminal property, and Section 329 deals with acquisition, use and possession of criminal property.
Since December 2012, the MQM has been under investigation for suspected money laundering and Altaf Hussain, Muhammad Anwar, Tariq Mir, Sarfaraz Merchant, Latif Jiva and Yasin Haji were all arrested in connection with the money-laundering conspiracy of tens of millions of pounds.
On conviction for money laundering under the Proceeds of Crime Act 2002, a person could be liable to be imprisoned between six months to 14 years or a fine or both. Far more evidence is needed in a case if the police are using the Proceeds of Crimes Act as opposed to terrorism legislation.
“It’s such a situation that counter terrorism experts are investigating a case where the counter terrorism legislation should have been used but the Proceeds of Crime Act 2002 is a much weaker and general law in comparison. In cases like these, it’s always the case that suspects are investigated and charged under anti-terrorism legislation but someone at the top took a conscious decision of ensuring that this case not be investigated under the counter terror laws,” said a source familiar with the investigation.
The source said that the Foreign and Commonwealth Office (FCO) and British High Commission in Pakistan always had a say in the MQM related cases and the FCO has done everything it can to influence these cases.
“The FCO says the police are independent and the police say they are independent but we all know the police are influenced and how the FCO uses its muscle,” said the source.
He said that the failure of the police to use the anti-terror legislation explains its failure to act on the huge amount of evidence gathered in a multi-year, multi-million pound investigation suggesting that the investigation has been subject to political interference from the outset, by all sides.
The SO15 or the Counter Terrorism Command Unit was established after the terror attacks of 9/11 and 7/7 – after the Special Branch (SO12) and the Anti-Terrorist Branch (SO13) were combined as a single unit for better coordination.
Commander Richard Walton is the head of the Counter Terrorism Command and reports to the Senior National Coordinator, Deputy Assistant Commissioner Helen Ball. Commander Walton held extensive talks in Pakistan about both the Dr Imran Farooq murder case and the money laundering cases but talks had stalled because Pakistan believed that the UK was not sincere in bringing to justice the killers of Dr Imran Farooq who remained in Pakistani custody.
The SO15 has been successful in prosecuting nearly 60 offenders in the last 10 years – and around 100 are awaiting trial — but all of those who were investigated and convicted were for committing or conspiring acts of terrorism.
When put questions as why the SO15 failed to investigate under the terrorism legislation when it investigates almost every single case under the anti-terrorism laws, a spokesman of the Scotland Yard said: “All areas of legislation would be considered as part of an investigation. The Crown Prosecution Service would decide on any charges should the investigation establish that laws may have been broken.”
When asked about the evidence already in possession of the police, the spokesman added: “We do not discuss, confirm or deny, evidence that may form part of any ongoing investigations, to do so would be inappropriate and may compromise lines of enquiry, with the exception of confirming that cash seized as part of this ongoing investigation has been retained by police, under the Proceeds of Crime Act 2002, pending further enquiries.”
The spokesman confirmed that the anti terror legislation has not been used. “We use legislation as is appropriate to an investigation. This particular investigation has always been a crime investigation into money laundering and as part of that investigation, legislation under the POCA was used to seize cash. This does not preclude the use of other legislation if evidence of other criminal activity becomes apparent during the course of the investigation,” he said.
When asked about the involvement of British diplomats in the money-laundering case, especially Adam, a Foreign Office spokesman said that the police are responsible for the investigation of any allegation of criminal acts. “Anyone with any evidence of criminal acts taking place or being planned in the UK should pass that information to the appropriate UK police force. The police take all allegations of crime extremely seriously and will respond appropriately to concerns raised with them. The police are operationally independent of Her Majesty’s Government.”
The spokesman said that its diplomats meet a wide range of Pakistani political parties, enjoying democratic mandate, including the MQM. The MQM says that its cooperating with the Scotland Yard in the money-laundering case as well as Dr Imran Farooq’s murder inquiry
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