* His inclusion as an accused in FIR would have been justified
* Exclusion shows ACC probe not fair and complete
* ACC's fear of political uproar, if Abul included, disturbing
Click Here To See Full Text Of WB Panel's Letter To ACC
The World Bank's external panel is unhappy with the exclusion of ex-communications minister Abul Hossain from the list of accused in the Padma bridge corruption case.
In a letter to the ACC chairman, the panel said Abul's exclusion shows that the Anti-Corruption Commission is not conducting a complete and fair probe into the corruption conspiracy.
The sequence of events considered by the panel and established by the ACC suggests a criminal conspiracy that includes Abul as the most senior official personally involved, said the panel.
"In order to achieve a complete and fair investigation, the serious allegations against the former communications minister should be thoroughly investigated and he warranted inclusion among the accused.”
Luis Moreno Ocampo, chairman of the WB external panel, wrote this in a letter to the ACC chairman on January 9, said an ACC official asking not to be named.
The panel has also sought written replies from the ACC about some issues, including the ACC's assessment about Abul's role, the official said.
The panel said the ultimate award of the contract required the approval from the former minister, also a senior leader of the ruling Awami League.
"He met with SNC Lavalin managers during a reunion requested by Secretary Bhuiyan [Bridges Division secretary Mosharraf Hossain Bhuiyan] to negotiate the illegal payment."
"As a consequence of the meeting, his name and the indication of a payment of 4 percent was included in a list of people that were to receive a compensation for their alleged involvement in the conspiracy."
It said the ACC's argument -- during a visit of the panel to Dhaka -- that including Abul in the first information report would cause a political uproar was deeply disturbing to the panel.
The letter read the panel could understand that great care and prudence should be exercised in examining the ground for reasonable suspicion against a former minister.
“However, it does not absolve the responsibility of the ACC to launch proper investigation where investigation is due. If after careful examination of the evidence, the ACC reaches the conclusion that reasonable suspicion does exist, it must proceed to investigate irrespective of a person's political status or possible political ramifications."
"Otherwise, the investigation cannot be considered complete and fair."
The three-member panel visited Dhaka in December last year. And this is the first official reaction from the panel after the ACC filed the FIR on December 17.
The panel said it considers the issuance of a FIR a positive first step by the ACC to take effective action against those persons allegedly involved in corrupt practices in the bridge project.
The panel also detailed how the corruption conspiracy took place.
It said the minister should not have engaged in the public procurement process before a report with recommendation of the evaluation committee was submitted to him for final approval.
"Furthermore, the minister is not immune from the offence of 'criminal misconduct' under section 5(1)(d) of the Prevention of Corruption Act," said the letter.
The panel also sought information about Abul's meetings with SNC Lavalin officials and other representatives of competing bidding entities.
The ACC's FIR said that the minister met the officials.
The panel also wants to know about the status of any efforts from the Bangladeshi authorities to receive or obtain evidence and any other relevant information from the Canadian authorities.
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