Niko graft case: FBI agent, 2 Canadian cops to testify in court

A Dhaka court has granted approval to an application filed by the Anti-corruption commission (ACC) to produce a US Federal Bureau of Investigation (FBI) agent and two officers of the Royal Canadian Mounted Police as witnesses to testify against BNP Chairperson Khaleda Zia and eight others in the Niko graft case.

Judge Sheikh Hafizur Rahman of Special Judge Court 9 of Dhaka issued the order after a hearing on Sunday.

The witnesses are retired FBI supervisory special agent Debra LaPrevotte Griffith and Royal Canadian Mounted Police members Kevin Duggan and Lloyd Schoepp.

On Tuesday, Attorney General AM Amin Uddin filed an application seeking permission to present the witnesses before the court. The court scheduled the next hearing for Sunday.

ACC lawyer Khurshid Alam Khan said after the three witnesses receive the court summons, the commission will arrange for them to testify in the Bangladesh court.

However, the defence lawyers have said they would appeal the order in the High Court, arguing that such an application or injunction is in violation of the law.

During the court proceedings, Attorney General AM Amin Uddin presented the state's position, with Khurshid Alam and Mosharraf Hossain Kajal representing the ACC. On behalf of Khaleda Zia, lawyer Aminul Islam presented her case in court.

Later, the attorney general told the media, "While the investigation into the Niko graft case was ongoing in our country, both the FBI of the United States and the Royal Mounted Police of Canada also conducted their own investigations into Niko's corruption. Later, through Mutual Legal Assistance, they provided their investigation reports to us upon request. In 2018, an application was filed to summon these investigators as witnesses in our case."

Initially, the petition did not specify the names of the witnesses, he said, adding that recently, a supplementary application was submitted, including their names and surnames.

"After considering arguments from both sides, the court approved the application, allowing these foreign investigators to be presented as witnesses in the trial."

The attorney general highlighted that this marks the first instance where the government has been granted permission to bring a foreigner as a witness in a case against Khaleda Zia.

In other developments related to the case, the deposition of the plaintiff, former ACC assistant director Muhammad Mahbubul Alam, concluded on Sunday. The Special Judge's Court in Dhaka has scheduled the next hearing for 10 October.

On 9 December 2007, the ACC filed the case, accusing Khaleda and four others of causing a loss of Tk13,777 crore to the state by signing an oil and gas exploration deal with Canadian company Niko on behalf of the state.

In the case, the anti-graft body said, the deal was deemed to not place Bangladesh's national interest above all other considerations, and was swayed by graft.

In May 2008, the ACC pressed charges in court against 11 people, including Khaleda.

Khaleda Zia and other accused in the case made a plea to the High Court which led to the suspension of the trial for almost 15 years.