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Contradiction: Imam's criticism of Leaders in London

Mr Sachedina maintains that the Imam's comment about Leaders in London during Golden Jubilee was incomplete. This statement is shown to be false.

[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 # 210.
Cross-Examination by Mr Gray.
Q. Okay. We will get back to that, then. Now, have you ever accused the leadership before of forging?
A. Of forging? Never.


N. Tajdin #213:
Cross-Examination by Mr Gray.
Q. You have accused the leadership of misrepresenting His Highness' instructions before, haven't you?
A. Sometimes, it has, and in fact, His Highness has confirmed in London recently that sometimes it tells his leader, and they don't tell his followers. So, the message is not always passed.
Q. What are you referring to?
A. I am referring to a Farmans met by His Highness in London during Golden Jubilee.
Q. And what does that Farmans say?
A. It says, the leader asked me, I tell them but I don't know if they tell you, or something like that. It is not an exact quote.


Sachedina #426:
Cross-Examination by Mr Jiwa.
Q. But I'm going to give you an example, that in Golden Jubilee in London, he said in the jamat khana in the presence of thousands of -- or the whole jamat that his leaders do not convey his message to the jamats, he is not sure of that. You agree with that; right? You were there.
A. I was there, but as I said to you, that it was not completed, the sentence wasn't completed, his chain of thoughts were not completed.


Sachedina #850 - #861:
Cross-Examination by Mr Tajdin.
Q. ...Now, you mention the sentence that the Imam was going to stay in London during Golden Jubilee about the leaders was cut off?
A. No. I said he didn't -- he didn't finish his sentence and there was an interruption. That's all I can remember.
Q. Okay.
A. Because he himself told me afterwards, so that's how I remember.
Q. Can we take that as under -- how do you call it? Undertaking to have his -- I don't want the tape of the farman. I just want that one minute. From the moment he says that the jamat may be wondering why I'm making this farman up to the time people started clapping. That's one minute. Can I have that one minute?
MR. GRAY: Well, if you want to explain something.
THE DEPONENT: Let me tell you, the farmans are privileged communications between the murid and the Imam.
BY MR. TAJDIN:
Q. So I understand that as to be no?
A. I would say to you that this, whatever it is, is in the public domain, and to put any text, my humble view is that --
Q. Mr. Sachedina, partly I would agree with you, because as everybody knows, you have not put the book in the court and I have not done that also, nor has Alnaz done that. So we have all agreed it is remain between Ismailis. We don't dispute that. You have stated that the sentence was cut off. This is why we need that tape, that one minute. Unless you agree that the sentence was not cut off and there is a two-second blank, there is no sound, and then people start applauding to the statement, I would like to have that tape from you. One minute. I don't need the whole farman. That one sentence --
A. On record.
Q. On record plus --
MR. GRAY: On the record here?
THE DEPONENT: Can I share that with you outside this record?
BY MR. TAJDIN:
Q. You know, I'm not a lawyer. Honestly, I have a copy of the tape. So because you have put on record that the sentence was not completed, and having the copy of the tape, I know the sentence was complete. We need to prove it. I don't want it to become a fight between us.
A. No.
Q. But you are saying what I'm saying the opposite. If you produce that one minute, it will prove conclusively that the sentence was completed, there was a two-second gap, and everybody started applauding. Everybody was happy about the statement from the Imam, that the leaders are not necessarily conveying his message?
MR. GRAY: You'd have to put it in evidence now.
MR. TAJDIN: Because you have stated the contrary, that the sentence was not finished. If there is no dispute on that -- and I'm not asking the whole tape.
MR. GRAY: You're giving evidence yourself now. I mean this is --
MR. TAJDIN: Well, because we are talking of --
MR. GRAY: If you wanted to put it in evidence, you could have done so.
MR. TAJDIN: Okay. Mr. Brian, let's take it as an undertaking --
MR. GRAY: No, we will not.
MR. TAJDIN: We need that one minute to prove if, yes or no, you are right.
THE DEPONENT: I'm sorry, but I'm really not getting this at all as to what is the rationale behind this question. Because I told you that we have -- what Imam has authorized for the release of that farman, Imam has authorized. Which is out to the jamat.
BY MR. TAJDIN:
Q. Mr. Sachedina --
A. By the Imam.
Q. -- the question was -- you would allow me to say it again because you replied to me in that way, that the sentence was not completed about what the Imam said on the leaders --
A. No. I said his chain of thought was not completed. You heard me. He was not able to --
Q. So now, Mr. Sachedina, we need that one-minute recording, not more.
MR. GRAY: No.
--- REFUSAL
BY MR. TAJDIN.
Q. Just that recording. You can give me the last word of the recording up to the moment people start clapping?
MR. GRAY: No.
--- REFUSAL
MR. TAJDIN: Well, we need to prove conclusively that the sentence was completed and there was a silence after that.
MR. GRAY: You have a copy of it. I guess if you felt you should --
MR. TAJDIN: But, you know, I'm asking the question. I'm not replying here. I can't produce it; right? I cannot go home and bring the tape.
MR. GRAY: If you felt you needed to put it into evidence, you should have done so. As you yourself said, we are not anxious to put farmans in --
MR. TAJDIN: Yes, but with all respect due, I was not aware that there will be in this examination a statement which is not representing what the tape is showing.
MR. GRAY: Well --
MR. TAJDIN: If I was aware, obviously I would have brought it into --
MR. GRAY: My current position is no, but I will consider it. I'll reconsider it.
--- UNDER ADVISEMENT
MR. TAJDIN: Thank you. Thank you for considering.


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