The prosecution will finish its opening statement against Sayedee on Monday when the International Crimes Tribunal reconvenes.
Cross-examination of witnesses will, however, begin on Dec 7.
Chief prosecutor Ghulam Arieff Tipoo began the statement with the historic context that led up to the Liberation War in 1971.
Jamaat-e-Islami's executive council member Delwar Hossain Sayedee has been charged on 20 counts for war crimes that he allegedly committed during the War of Independence.
After about an hour, the 82-year-old chief prosecutor asked his colleague Syed Rezaur Rahman to continue with the opening statement. But Rezaur Rahman could not get through the 88-page document either, when the tribunal said it would hear the remainder on Monday.
The tribunal asked the prosecution to give its opening statement minutes before going into lunch recess after having heard two applications filed by the defence.
One of the applications sought explanation from the tribunal chief Nizamul Huq, why he had not removed, or recused, himself from the tribunal.
Barrister Abdur Razzaq argued for Sayedee on the first application of the day.
The other application sought adjournment of Sayedee's trial until. He has been indicted on 20 counts including genocide, murder, rape, arson and loot.
Lawyer Tajul Islam urged the tribunal to delay the trial to prepare its case and the list of witnesses.
Nizamul Huq, presiding over Sunday's proceedings, said in his order that the first application, asking for his explanation to stay on as head of the tribunal, would be disposed of on Wednesday.
In response to the second application seeking adjournment of the trial proceedings, he fixed Dec 7 for the defence to submit its list of witnesses.
Nizamul then directed the prosecution to begin its opening statement in the ongoing trial against Sayedee.
The defence had filed its application seeking removal of the tribunal chief, recusal in legalese, stating that his neutrality had been compromised due to his earlier involvement with a people's inquiry commission. As part of that team, he collected evidence against Sayedee and thus has already formed an opinion about the accused who would be tried under him, the defence had said.
Only three days back, Sayedee's lawyers stormed out of the court after the tribunal chief joined proceedings.
They also filed the two applications before walking out of the tribunal.
The tribunal fixed Nov 20 for disposing of that application, but when urged to continue with the scheduled hearing of a review petition of Sayedee's indictment, the defence refused to proceed and walked out demanding that the tribunal chief explain himself first.
The tribunal said the conduct of the defence lawyers had been "unwarranted" and "unbecoming". As for the review petition, the court said it was rejected since it was 'not pressed'.
The defence had told the press later that they would wait until the disposal of application was disposed of on Sunday.
On the other hand, the prosecution claimed that the defence had violated all ethics, code of conduct and customs that behove lawyers.
The prosecution raised a legal point and said the petition was not maintainable or in form. The prosecution further pointed out that the commission in question was not in any way part of the ongoing trial. Nor did it have any legal coverage.
The other two judges of the tribunal, ATM Fazle Kabir and AKM Zaheer Ahmed, held a hearing of that petition on Nov 13 in a crowded courtroom.
They ruled the following day that the laws did not provide for the tribunal judges to remove a co-judge. They also pointed out that the previous cases cited by the defence counsel Abdur Razzaq where judges were recused had the privilege of such laws. In conclusion, they left the matter of recusal to the 'good conscience of the judge' in question.
On Sunday, attorney general Mahbubey Alam sat with the prosecution team and addressed the court, while former law minister Moudud Ahmed, Supreme Court Bar Association president Khandker Mahbub Hossain addressed the court from defence, besides Abdur Razzaq and Tajul Islam.
Former speaker Jamiruddin Sircar was also present in the court among the defence lawyers.
Cross-examination of witnesses will, however, begin on Dec 7.
Chief prosecutor Ghulam Arieff Tipoo began the statement with the historic context that led up to the Liberation War in 1971.
Jamaat-e-Islami's executive council member Delwar Hossain Sayedee has been charged on 20 counts for war crimes that he allegedly committed during the War of Independence.
After about an hour, the 82-year-old chief prosecutor asked his colleague Syed Rezaur Rahman to continue with the opening statement. But Rezaur Rahman could not get through the 88-page document either, when the tribunal said it would hear the remainder on Monday.
The tribunal asked the prosecution to give its opening statement minutes before going into lunch recess after having heard two applications filed by the defence.
One of the applications sought explanation from the tribunal chief Nizamul Huq, why he had not removed, or recused, himself from the tribunal.
Barrister Abdur Razzaq argued for Sayedee on the first application of the day.
The other application sought adjournment of Sayedee's trial until. He has been indicted on 20 counts including genocide, murder, rape, arson and loot.
Lawyer Tajul Islam urged the tribunal to delay the trial to prepare its case and the list of witnesses.
Nizamul Huq, presiding over Sunday's proceedings, said in his order that the first application, asking for his explanation to stay on as head of the tribunal, would be disposed of on Wednesday.
In response to the second application seeking adjournment of the trial proceedings, he fixed Dec 7 for the defence to submit its list of witnesses.
Nizamul then directed the prosecution to begin its opening statement in the ongoing trial against Sayedee.
The defence had filed its application seeking removal of the tribunal chief, recusal in legalese, stating that his neutrality had been compromised due to his earlier involvement with a people's inquiry commission. As part of that team, he collected evidence against Sayedee and thus has already formed an opinion about the accused who would be tried under him, the defence had said.
Only three days back, Sayedee's lawyers stormed out of the court after the tribunal chief joined proceedings.
They also filed the two applications before walking out of the tribunal.
The tribunal fixed Nov 20 for disposing of that application, but when urged to continue with the scheduled hearing of a review petition of Sayedee's indictment, the defence refused to proceed and walked out demanding that the tribunal chief explain himself first.
The tribunal said the conduct of the defence lawyers had been "unwarranted" and "unbecoming". As for the review petition, the court said it was rejected since it was 'not pressed'.
The defence had told the press later that they would wait until the disposal of application was disposed of on Sunday.
On the other hand, the prosecution claimed that the defence had violated all ethics, code of conduct and customs that behove lawyers.
The prosecution raised a legal point and said the petition was not maintainable or in form. The prosecution further pointed out that the commission in question was not in any way part of the ongoing trial. Nor did it have any legal coverage.
The other two judges of the tribunal, ATM Fazle Kabir and AKM Zaheer Ahmed, held a hearing of that petition on Nov 13 in a crowded courtroom.
They ruled the following day that the laws did not provide for the tribunal judges to remove a co-judge. They also pointed out that the previous cases cited by the defence counsel Abdur Razzaq where judges were recused had the privilege of such laws. In conclusion, they left the matter of recusal to the 'good conscience of the judge' in question.
On Sunday, attorney general Mahbubey Alam sat with the prosecution team and addressed the court, while former law minister Moudud Ahmed, Supreme Court Bar Association president Khandker Mahbub Hossain addressed the court from defence, besides Abdur Razzaq and Tajul Islam.
Former speaker Jamiruddin Sircar was also present in the court among the defence lawyers.
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