All 7 acquitted, thanks to ACC

In its final report, the Anti-Corruption Commission admits that it has failed to collect enough evidence and interrogate several key accused in the Padma bridge graft conspiracy case. Yet the corruption watchdog has concluded no conspiracy took place in the project.

Based on this report, the Senior Special Judge's Court of Dhaka yesterday acquitted all the seven accused, including former bridges division secretary Mosharraf Hossain Bhuiyan, of the charges.

This comes despite the fact that three of the seven accused are facing trial in a Canadian court.

Of the three, one is a Bangladesh origin Canadian, one India origin Canadian and the other a Canadian national. They are officials of Canadian firm SNC Lavalin, which was selected for the Padma bridge project's consultancy job. 

On September 14, Mirza Jahidul Alam, ACC deputy director and also investigating officer of the case, submitted the final report to the court, saying the charges against the accused could not be proved.

Earlier on September 3, the commission cleared all the seven of conspiracy charges and also exonerated former communications minister Syed Abul Hossain and former state minister for foreign affairs Abul Hasan Chowdhury, though their names came in the alleged bribery scam.

They were so cleared although the World Bank shared with the ACC some information that show these persons were indeed conspiring to award the project's consultancy job to SNC Lavalin in exchange for bribe.

The WB was to finance the project along with several other development partners. But in June 2012, the Bank cancelled its $1.2 billion funding, saying it had proof of a "corruption conspiracy" involving Bangladeshi officials, executives of a Canadian firm and some individuals. 

In a letter to the ACC last year, the WB external panel of experts said, "The panel considered that the evidence suggested a criminal conspiracy that included the former minister of communications as the most senior official personally involved.

“His name and the indication of payment of 4% were subsequently included in a list of people that were to receive compensation for their alleged involvement in the conspiracy.

"The ultimate award of the contract likely required his [Syed Abul Hossain] approval. He met with SNC Lavalin management at the request of the former secretary which was likely in furtherance of the negotiations for an illegal payment.”

The Panel was also of the view that Abul should be named in the case and investigated for a fair probe into the case. But the ACC did neither.  

Intriguingly, the ACC's final report is full of contradiction.

It admits that the diary of an accused -- India born Canadian national Ramesh Shah -- was vital in probing the allegation, but the commission failed to collect the diary because it was seized by the Canadian authorities.

The issue of the diary in which Ramesh allegedly mentioned that Abul Hossain, Mosharraf and others were to be given bribes, was raised in the preliminary hearing of the Canadian trial court, the report states.

Asked why the commission did not wait till the Canadian court verdict to get a copy of the diary, a top ACC official said the commission decided to “end the investigation” instead of waiting that long.

The commission even failed to interrogate the three SNC Lavalin officials -- Ramesh, Mohammad Ismail and Kevin Wales -- as they are facing trial over the same charge in Canada. ACC Deputy Director Mirza Zahidul Alam went to Canada to quiz the trio in vain.

The report also said the ACC found evidence that Abul held two meetings with SNC Lavalin officials at Setu Bhaban in the capital.

The meetings took place when the tender evaluation process for awarding the consultancy job was going on, the report said, adding that they were only courtesy calls when the SNC Lavalin officials were assured of "proper evaluation."

The report also admits the commission's failure to collect the email correspondences between the accused government officials and the Lavalin officials.

In his reaction over the acquittal, TIB Executive Director Iftekharuzzaman said although the case proceedings ended, the controversy over the matter would remain.

"The case was lodged based on the inquiry and investigation by the Anti-Corruption Commission itself. Then in the same case, the Anti-Corruption Commission has concluded that it does not have enough evidence. The logic behind these varying decisions is not clear,” he told the BBC Bangla.

The allegation of the corruption conspiracy drew a lot of criticisms from different quarters at home and abroad.

Amid huge outcry, the ACC in December 2012 filed the case against ex-Bridges Division secretary Mosharraf Hossain Bhuiyan, Superintendent Engineer of Bangladesh Bridge Authority Kazi Mohammad Ferdous, Executive Engineer of Roads and Highways Department Reaz Ahmed Zaber, and former local agent of SNC Lavalin Mohammad Mostofa and its ex-officials Ismail, Ramesh and Wales.