Lawyer for Pakistan PM says there is no harm in reopening graft case



ISLAMABAD // A lawyer for Pakistan's prime minister said yesterday there would be no harm in the government's asking Swiss authorities to reopen an old corruption case against the country's president, because he enjoys immunity from prosecution.

The comments by Aitzaz Ahsan might suggest a way out of a legal crisis that could force the prime minister, Yusuf Raza Gilani, from office. The mounting political pressures threaten to bring down the country's beleaguered government, which is under a combined assault from the Supreme Court and the powerful army.

Mr Gilani is scheduled to make a rare appearance today before the Supreme Court, which has initiated contempt proceedings against him for failing to write a letter to Swiss authorities asking them to reopen the corruption case against his ally, President Asif Ali Zardari.

The government has long refused to write the letter, arguing that Mr Zardari enjoys immunity from prosecution while in office. Mr Ahsan's comments indicate Mr Gilani may reverse that stance to avoid being held in contempt of court, while using the same legal argument to avoid prosecution. If he were held in contempt he could face a maximum of five years in prison and be disqualified from holding public office.

"There is no harm in writing a letter to the Swiss authorities," said Mr Ahsan. "The president has complete immunity against criminal procedures in courts."

Reopening the case would expose Mr Zardari to prosecution once he leaves office. It would also come at a serious political cost, since the president has said he would never send the letter to Swiss authorities because it would dishonour his late wife, the former prime minister, Benazir Bhutto, who was also named in the case.

Mr Zardari and Ms Bhutto were found guilty in absentia in a Swiss court in 2003 of laundering millions of dollars in bribes from Swiss companies when they were in government.

They appealed, and Swiss authorities abandoned the case in 2008 at the request of the Pakistani government. The case was among thousands dropped as a result of an amnesty that allowed Ms Bhutto to return from exile and run for election in 2008. She was assassinated in 2007 during the campaign.

The Supreme Court declared the amnesty unconstitutional in 2009, leaving those covered by it vulnerable to prosecution.

The government is also under pressure from the army over an unsigned memo sent last year to Washington asking for US help in preventing a coup in the aftermath of the American raid that killed Osama bin Laden.

The army was outraged by the memo, which was allegedly sent by the government, and pushed the Supreme Court to set up a commission to investigate.

The government has denied any connection to the memo and opposed the commission, saying the matter was already being probed by the parliament.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

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“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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