Saturday, August 30, 2008

Zaidi To Be Evaluated By a Shrink; Trial Postponed

Got a call from Nayyar Zaidi today from the Northeast Ohio Correctional Facility where he remains detained for alleged teen sex crime. It was a followup to his handwritten notes that were faxed to me yesterday by his wife Shaheen.

Zaidi said he has been told by the Federal Court judge that in order to determine if he can represent himself, he will have to undergo a competency test as well as a psychiatric test to determine his competency to stand trial.

The October 6 hearing has thus been postponed until the court determines if he is "fit to undergo trial".

Zaidi appeared before Judge Kathleen McDonald O’Mailly on Aug. 26 for a hearing following a motion he had moved requesting that he be allowed to represent himself as he said he had no confidence in the court-appointed defense lawyer, Craig Weintraub's ability to represent him satisfactorily.

He has refused to hire an attorney to plead his case, citing financial constraints.

The Federal judge told him that she would approve his request only after a competency test to determine if he was competent to represent himself. She also said his competency to stand trial would need to be determined first.

Zaidi said he is “alarmed” by the judge’s verdict because in case the psychiatric test he is administered finds him not competent to stand trial, he could be committed "for life" to a psychiatric detention facility until it is determined that he is fit to undergo trial. That could mean a lifetime, Zaidi said.

The competency test is part of the due process of U.S law for those individuals who wished to defend themselves in court.

Zaidi thinks it should not be meant for someone like himself, a highly educated man and one of Pakistan’s best known journalists and broadcasters who has been associated with the Jang Group of Publications for over 30 years.

It is possible that this latest development may suggest that the prosecution’s case against him– crossing state lines with the intention of committing a felony involving an underage female – is weak, said one observer.

Zaidi has written to his home state Virginia's Senator including some others as well as to Virginia Governor. He has also appealed for help from CPJ, ACLU, PFUJ and wishes that U.S. correspondents and U.S Senators be informed by the media about his predicament.

Nayyar Zaidi is Washington Correspondent or Washington Bureau Chief of Pakistan's Geo News TV (Geo Television Network), The News International (English newspaper) and Daily Jang (Urdu newspaper). He was arrested by the U.S. Federal Bureau of Investigation (FBI) and the state Police on Thursday, 20 March 2008 in Ohio, USA, on alleged teen sex crimes charges. Since he crossed state border, he has been charged with a Federal crime. He remains under detention in an Ohio jail since March 2008 pending court hearing. He has been refused bail, he said.

Tuesday, August 19, 2008

Phoenix Rising For Musharraf!

Musharraf has quit as President- typically in a commando style: resilient, sans apologies - defending his actions - highlighting his achievements - focusing on rivals' shortcomings and weaknesses - hoping that Pakistan will come out shining but in the same breathe alluding to ominous signs of impending external and internal threats.

His parting diatribes seem to be a borderline case of delusional-cum-polemical chicaneries - an understandable mental manifestation of someone who have been pushed to move his butt off the high altar where he has been sitting so long. If I had a buddy like Bush on my side always, I would probably be the same - may be even worse. Interestingly both have been delusional to the extreme.

While running for the presidentship, Bush couldn't name the new leader of Pakistan, i.e. Gen. Musharraf. But after Sept. 11, things changed overnight - whether for the good or for the worse only history will tell.

Musharraf became the most crucial but ultimately the most frustrating ally of the U.S and Bush's personally. In the process, however Musharraf became a "personal friend" of George Bush - the latter often called him his 'buddy'.

Ironically, U.S. has "no permanent friends nor permanent enemies". So is it about Musharraf and USA. The region has become so murky that even the strongest Chlorox can't clean it up. Stains will remain for ever. Welcome to the club, Commando! He once said, he never blinked - because he had "cat's 9 lives".

Interestingly though, he is not yet fully depreciated politically (my personal opinion), even age wise and "nuisance value" wise. He has of course proved that he is neither a Ayub Khan nor a Yahya, nor a Bhutto! And, he has already proved he is not a Zia either!

He ended up getting the farewell guard of honor, has a President's security details, is lodged in Army Chief's house, shall remain in the country, can speak to the media, etc. and says will issue a White Paper on the dire strait of the economy.

As I watched his unapologetic monologue on the TV, my mind tried to visualize him on the day after. And I saw him out there, kicking and throwing dust all around.

Possibly a comeback kid one day? In some form or the other?

We got to wait to see if that will happen for at least a year or so, since there appears to be a two-year restriction on government officials from entering politics. Meanwhile he will maintain sophisticated connect with the media and the people using 'surprise' as a Commando's greatest weapon!

Muttahida, PML(Q), PML(F), etc...any or all may want him in one way or another. He has the potential to unite or divide the MQMs, provide alternate leadership to the Muhajirs in Karachi, has the knack to attempt to create a Punjab-Karachi constituency for himself - provided the establishment, including Uncle Sam, supports him and wants that to happen. Full of surprises Pakistan politics is.

Since the war on terror will go on....Musharraf, a known ally, offers alternate leadership. The U.S. has spent a lot on him. He is an "asset" by all definitions, some say. Meanwhile take a break Commando. Go golfing!

Monday, August 11, 2008

Nayyar Zaidi Trial Set for Oct 6, 2008

Renowned Jang/GEO Correspondent and Columnist Nayyar Zaidi's trial is scheduled for October 6, in Ohio, where he remains detained without bail since March 2008.

He was twice rejected bail, according to his spouse. But it is unclear why he was refused bail, and what the grounds were. My understanding is that on such matters it may be possible to obtain bail unless it is set so high that it cannot be obtained by the affected individual.

Another reason for bail refusal could be if the alleged crime is piggy-backed by another alleged crime which gives the prosecutor more strength to ask the Judge to reject the bail application.

Mr Zaidi, on August 5th, sent me thru his wife, a 14-page handwritten explanation on his incarceration and his defense. It is being made available on DesPardes.com website at: http://www.despardes.com/zaidi-papers-aug5.pdf

Since the matter is subjudice before the court, we need to be careful not to comment on any aspect of the case, specially on its merit.

In his handwritten note, Mr Zaidi says, "I was working on a story which was part of a bigger journalistic project, on the invasive nature of the internet and the political and social changes it is bringing. I was inspired by Marshall McLuhan's 1960 book :Understanding Media". He adds, "Sexual exploitation of minors is a big issue. I named the project, "PARENTS AS PREDATORS." After my arrest one minor case in Italy and one is Austria came out in news."..."But internet is fantasy land...nothing is authentic (not news but chats)...."

"As journalists we know that first-hand accounts are the most authoritative..It was natural for me to try to establish real-time contact with some one who claimed to be in a "Parent Predator". As you all know, I am. perhaps, the only (Pakistani) journalist whose name is well known is U.S. and Pakistan. There is a market in Pakistan for stories that do not start with, "Mr Boucher said..."

Mr Zaidi also claims in his faxed notes to me that he was the first journalist to break the story of CIA providing potable labs to Afghans (during the Afghan Jihad War) to make Heroin.

"U.S. ambassador to Pakistan, Arnold Raphael, was outraged that he told the State Department to terminate my 17-years contract with the Voice of America(VOA)," he added.

One newspaper report (Daily Times) has said that Mr Zaidi and his spouse refused embassy help on grounds that Mr Zaidi was an American citizen and was "not in jail". I know for sure he is in under detention, based on his and his spouses's phone calls to me during the last few weeks. I am not sure why there is still need to hide this critical fact. Why not let people know and possibly help?

Besides, Pakistani-Americans automatically enjoy dual nationality status. So what's the harm in reaching out for all available help if one is innocent?