Welcome to F.I.E.L.D.- the First Ismaili Electronic Library and Database. Guests are not required to login during this beta-testing phase

Contradiction: Did Nagib's letter really reach Aiglemont on Jan 20?

Sachedina, in his affidavit, says that Nagib's letter to the Imam Reached Aiglemont on January 20, 2010. Sachedina's email to Nagib on January 10 said that Aiglemont had no trace of Nagib's letter. Nagib produced a letter from the Kenya Council, as well as a confirmation from DHL that the letter actually reached Aiglemont on January 8th.

[Note: Extracts of Federal Court Transcripts of Cross-Examinations held August 2010 for Summary Judgement Motions in the Aga Khan Copyright Lawsuit
Sections starting with N. Tajdin #... Means Nagib Tajdin is the one answering questions in the next section
Sections starting with Jiwa #... Means Alnaz Jiwa is the one answering questions in the next section
Sections starting with Sachedina #... Means Shafik Sachedina is the one answering questions in the next section
Sections starting with Bhaloo #... Means Aziz Bhaloo is the one answering questions in the next section
]


Sachedina #820 - #821:
Cross-Examination by Mr Tajdin.
Q. So D-1 would be a letter purported to be from His Highness Prince Aga Khan, Council for Kenya, dated 5th of July.
MR. GRAY: It appears to be, yes, on its face.
EXHIBIT D-1: Copy of letter dated July 5, 2010, from Nausherwan Parekh, His Highness Prince Aga Khan, Council for Kenya, to Mr. Nagib Tajdin, Nairobi.
BY MR. TAJDIN:
Q. Informing that parcel was sent to Mowlana Hazar Imam on 8th January by courier DHL, and there is a confirmation of the DHL.
MR. GRAY: My understanding is with DHL -- with that number, you would be able to determine when it was delivered to his address.
MR. TAJDIN: Yes. Yes. The DHL delivery sheet, you can see the last entry. It is the same number, the same number as in the Council letter. Last -- second page, last line. And from what I read, they delivered the three parcels to Aiglemont. One was 2-and-a-half kilo from Nairobi to Sherbanoo Moledina.


Sachedina #826:
Cross-Examination by Mr Tajdin.
Q. And DHL is saying that this number of waybill, which is 2-and-a-half kilo, was delivered on 8th of January. We just want to cross-check that this is the information which is in Aiglemont, that this is the date it arrived?
MR. GRAY: We'll take it under advisement.


Sachedina #900 - #916:
Cross-Examination by Mr Tajdin.
Q. Okay. Now, the way it works, you know when you reply to an email, the first email goes below. So the first email is 7 January here, and you are saying. 'Dear Naguib, could you please advise me of the date when you sent the submission to Hazar Imam as his office have no knowledge of this.' Right? You remember that email?
A. On the 7th of January?
Q. Yes.
A. Yes. I checked out and there was no --
Q. And you were right because, as you see, DHL is saying that they came on 8th only.
A. Well, I'm sorry, I didn't -- on that day I --
Q. You are right, it was not there.
MR. GRAY: Just accept that he's saying you're right.
MR. TAJDIN: You always say yes when someone says you are right.
HE DEPONENT: No, but I just wanted to make sure. It's the 7th; right? This is the 7th of January.
BY MR. TAJDIN:
Q. Then on 10th, on 10th, you were looking for it and you had not find it; right? So you sent me another email saying, 'I have no response from you. Please respond or call me asap.' [as read] True?
A. Yes.
Q. So on 10th the envelope was there --
A. I didn't check.
Q. -- you were looking for it but you did not find it?
A. Not for the envelope. Please understand, I'm not looking. The mail manager says that we have not --
Q. There is nothing?
A. Well, I mean this is because -- His Highness said to me you have said that the letter is coming. I have not seen the letter.
Q. Did you check with the Kenya Council if I had given them a letter to send to Aiglemont?
A. That they confirm.
Q. So you told His Highness that my letter is coming?
A. It's on its way but I haven't seen it.
Q. You haven't seen it?
A. It's in the system.
Q. So that day I replied to you the same day, 'The sealed envelope has gone through proper channel a week ago Monday'?
A. Absolutely.
Q. So at that time you knew, on 10th, that the letter was coming, His Highness knew that the letter was coming, you knew that I had given it to the Kenya Council, the Kenya Council had confirmed to you that it's coming; right?
A. Correct.
Q. And before it came, there was already an announcement in jamat khanas, first one?
A. But that was no connection with the letter.
Q. Okay.
A. To me, the letter coming and Hazar Imam's announcement have no relation --
Q. Okay. So Hazar Imam didn't want to know what was in my letter before making the announcement?
A. The announcement issue just came simply because we wanted to make sure that this issue -- because he knew about the publication.

Back to top