Has Imam spoken to LIF, or is there a huge conspiracy against the defendants?
Gray tried to show that if the defendants are to be believed, then it would mean that there is a huge conspiracy of dozens of corrupt leaders, staff, and that this is unbelievable.
Sachedina's cross-examination showed that the misinformation can be pinpointed to very few individuals. Even the LIF Chairman, Lakhani, has not been contacted by the Imam about this issue, the LIF was briefed by Sachedina, and the announcements were written by only a couple of people, not by the whole ismaili leadership as they seem to imply or as Mr Gray seems to think by looking at his questions to Tajdin and Jiwa.
This confirms that all evidence in this case originates from Mr Sachedina.
[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
]
N. Tajdin #333:
Cross-Examination by Mr Gray.
Q. And this announcement was made on behalf of all of the Ismaili Leaders' International Forum?
A. It says for Ismaili Leaders' International Forum, Council for Canada and Tariqah and Religious Education Board for Canada.
Q. Right.
A. That is an awful lot of people. institutions; do you see that in the second paragraph?
A. Yes.
Q. Right?
A. In fact, our constitution has separated all these institutions, so it is always surprising to see something like that, that this is an announcement by more than one institution.
Q. So, the whole of all of the institutions?
A. You know it cannot happen...
Q. They all ganged up against you?
A. So many people...obviously, they have not been consulted.
Q. They have ganged up against you, all them?
A. No, this is an announcement which been sent probably by Dr. Sachedina, 'Please read that, in Jamatkhannas'. As simple as that.
Q. He has the authority, on his own, to send an announcement to all the Jamatkhannas, to the whole world, on his own?
A. If Dr. Sachedina sends an announcement, nobody will question him.
Q. He has the complete authority to send an announcement to the whole of the Jamatkhannas in the whole world on his own. Is that your evidence?
A. He has portrayed to the institution that he is the boss.
Q. I didn't ask you that. I said, does he have the authority, on his own, to send to all of the Jamatkhannas in the world an announcement, on his own, without consulting anyone else?
A. He doesn't, but he does.
Q. He does not have that authority?
A. But he does do it, and people follow him. It is not...I am not the only one to fear him. Everybody fear him. He is quite a strong person who has a lot of influence.
Q. And who appoints the...Shafik Sachedina?
A. The Aga Khan appoints him.
Q. Can the Aga Khan fire him at will?
A. I believe he will.
Jiwa #140 - 141.
Cross-Examination by Mr Gray.
Q. Are you aware how these announcements become approved for circulation in the JamatKhanas?
A. No.
Q. You are not. Do you know how many leaders have to review them before they are circulated to the JamatKhanas in any country or worldwide?
A. No, I don't.
Sachedina #444:
Cross-Examination by Mr Jiwa.
Q. My question was who drafted it?
A. I've told you the process. It is done by the LIF Secretariat with the chairman of the LIF, myself, and the president of the council where the jurisdiction is of the countries involved were consulted.
Sachedina #561 - #562:
Cross-Examination by Mr Jiwa.
Q. I refer to your paragraph 22. You say: 'At this time, the community leaders agreed with His Highness's guidance that the Ismaili community worldwide should be informed that Mr. Tajdin's Farman Book was an unauthorized publication that should not be supported.' Now, when you say 'community leaders,' who do you mean by 'community leaders' here?
A. I explained to you that this announcement was with the -- there was the chairman of the --
Q. Just those? Nobody else?
A. -- community leaders because it's the apex of the body, the head of the body, the chairman, and the head of the Jamati Institution, the president of the councils of countries involved where this issue was from a jamati perspective, they knew he was from Canada and Kenya, Nagib was.
Sachedina #710 - #726
Cross-Examination by Mr Tajdin.
Q. There are a couple of things. Now, it says that His Highness communicated with Mr. Mohamed Manji. Would you know if it was verbal or with a memo or an email?
A. I was told -- I'm given to understand by Mohamed that he spoke to Mohamed.
Q. Okay. So the Imam calls --
A. President.
Q. -- Council presidents --
A. Yes.
Q. -- and important people; right?
A. He does call.
Q. When it is something important, not every day, every moment?
A. No.
Q. And --
A. It's up to the Imam to decide when and for what purpose.
Q. I agree. Now, 38, it says that you informed the LIF. Is it not true that chairman of the LIF is appointed directly by the Imam?
A. Absolutely he's appointed by the Imam.
Q. And the Imam can talk to him directly?
A. Yes. He has absolutely --
Q. Does he do that sometimes, talking directly to the --
A. Yes. He speaks to the LIF chairman.
Q. And the chairman is Mr. Lakhani?
A. Dr. Azim Lakhani.
Q. Dr. Azim Lakhani. Where does he live?
A. He lives in the U.K.
Q. In the U.K. In London?
A. In London.
Q. Okay, that's fine. But the Imam did not call Mr. Lakhani; you informed Mr. Lakhani? When you say you informed the LIF, in number 38, do you mean in the meeting; right?
A. I informed the chairman.
Q. And he called a meeting?
A. First the chairman, and then I asked the chairman, because Hazar Imam spoke to me on the phone, called me and said that, 'I want this conveyed to the members of the LIF.'
Q. And he did not --
A. The first I spoke to chairman --
Q. Mr. Sachedina, he did not call the chairman of the LIF?
A. Because he wanted to discuss other matters with me, and while he was speaking with me, he -- it was he who called me.
Q. It was not important enough for him to confirm directly to Mr. Lakhani that --
A. That was the Imam's prerogative, to decide who he speaks, for what purpose.