US lawyers prosecuting Simmon & Simmons partner David Sandy have presented his defence attorneys with records of statements where he admits to having made and kept copies of the Iqbal diaries.
Sandy is charged with tampering with evidence relating to the BCCI inquiry. He denies any wrong-doing.
In an interview in April 1984 in Abu Dhabi, he allegedly said he took computer disks containing the diary from the Shareholders' Committee Office (SCO) in Abu Dhabi, copied them, and returned erased disks between late 1991 and early 1992, say the prosecutors.
Sandy allegedly admitted that he returned blanks so that anyone reviewing SCO files after him would think they were complete.
They quote Sandy as saying he took this action “in the interest of his client” – the BCCI majority shareholders in Abu Dhabi.
They also allege that Sandy told investigators that his “clients needed protection”.
The statements say Sandy produced several computer disks containing copies he had made of the Iqbal diary from his office.
In an interview on 29 April, Sandy allegedly said he was aware of the BCCI plea agreement in 1991, obliging BCCI's liquidators to pass on evidence and information to US investigating authorities, and to which the majority shareholders agreed in 1992 in Geneva.
In a third interview on 1 May 1994, he allegedly acknowledged the Geneva agreement and said because he possessed a copy of the diary and not the original, he “was not mandated to release it”.