The first war-crimes tribunal of Bangladesh has granted in part the defence prayer that three prosecution witnesses against Jamaat-e-Islami leader Delwar Hossain Sayedee be recalled.
A member of International Crimes Tribunal-1, Judge A K M Zaheer Ahmed gave the order on Sunday noting the arguments of both the defence and prosecution.
The tribunal, set up to try crimes against humanity during the 1971 Liberation War, has indicted Jamaat executive council member Sayedee on 20 counts of war crimes including murder, rape, loot and arson.
Sayedee's defence had prayed that the court allow it to recall three witnesses in light of new evidence submitted by the case investigator, ASP Mohammad Helaluddin, who is currently being cross-examined.
Judge Zaheer Ahmed's order noted that the new information had not come to light when the first prosecution witness Mahbubul Alam Howladar and sixth witness Manik Poshari were deposed and cross-examined.
As defence counsel Mizanul Islam had argued, it was only after the 28th witness, that is when the investigation officer submitted television reports as exhibits, that the new information emerged.
The judge noted that the tribunal could also take note of the facts but decided against taking such a risk since the allegations were of an international nature and decided to allow the defence to recall those two witnesses.
Reasoning against prosecutor Syed Haider Ali's arguments that it would delay the proceedings, the judge noted that the defence had already listed three questions for Howladar and 13 for Poshari. He said in his order that these questions would not cause a delay.
As regards the second witness Ruhul Amin Nabin, the defence said there had been new evidence contradicting his claim of having graduated from Dhaka University. According to Mizanul Islam, official records show that Nabin was expelled during examinations.
But Judge Ahmed said recalling Nabin would not be allowed since the new evidence was "in no way related" to Sayedee's case.
The judge then ordered the investigator to produce the two witnesses and directed the defence to bear the expenses.
Subsequently, cross-examination of the investigation officer resumed for the 17th day. Mizanul Islam continued to ask questions about exhibits submitted by the prosecution.
It is expected to resume after the lunch recess when the court will hear a review application of its decision to receive as evidence the statements of 15 witnesses that the prosecution could not produce before the court without undue delay or expenditure.
First case to trial
Sayedee's is the first case to proceed to the trial stage at ICT 1. The prosecution on Sept 4 proposed framing of charges against him on 31 counts for crimes against humanity and genocide.
The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15 and the court indicted Azam on May 13.
Jamaat chief Nizami, Secretary General Ali Ahsan Mohammad Mujaheed and Assistant Secretaries General Mohammad Kamaruzzaman and Abdul Quader Molla have been detained on war crimes charges.
BNP MP and standing committee member, Salauddin Quader Chowdhury, also behind bars, has been indicted for 23 charges on Apr 4. The prosecution has been ordered to begin with its opening statement on Apr 29.
Former BNP lawmaker and minister Abdul Alim is the only one out bail. With formal charges pressed against him, Alim saw his defence place his discharge petition on Monday. Further arguments followed on Wednesday. The hearing has been adjourned till May 14.
A member of International Crimes Tribunal-1, Judge A K M Zaheer Ahmed gave the order on Sunday noting the arguments of both the defence and prosecution.
The tribunal, set up to try crimes against humanity during the 1971 Liberation War, has indicted Jamaat executive council member Sayedee on 20 counts of war crimes including murder, rape, loot and arson.
Sayedee's defence had prayed that the court allow it to recall three witnesses in light of new evidence submitted by the case investigator, ASP Mohammad Helaluddin, who is currently being cross-examined.
Judge Zaheer Ahmed's order noted that the new information had not come to light when the first prosecution witness Mahbubul Alam Howladar and sixth witness Manik Poshari were deposed and cross-examined.
As defence counsel Mizanul Islam had argued, it was only after the 28th witness, that is when the investigation officer submitted television reports as exhibits, that the new information emerged.
The judge noted that the tribunal could also take note of the facts but decided against taking such a risk since the allegations were of an international nature and decided to allow the defence to recall those two witnesses.
Reasoning against prosecutor Syed Haider Ali's arguments that it would delay the proceedings, the judge noted that the defence had already listed three questions for Howladar and 13 for Poshari. He said in his order that these questions would not cause a delay.
As regards the second witness Ruhul Amin Nabin, the defence said there had been new evidence contradicting his claim of having graduated from Dhaka University. According to Mizanul Islam, official records show that Nabin was expelled during examinations.
But Judge Ahmed said recalling Nabin would not be allowed since the new evidence was "in no way related" to Sayedee's case.
The judge then ordered the investigator to produce the two witnesses and directed the defence to bear the expenses.
Subsequently, cross-examination of the investigation officer resumed for the 17th day. Mizanul Islam continued to ask questions about exhibits submitted by the prosecution.
It is expected to resume after the lunch recess when the court will hear a review application of its decision to receive as evidence the statements of 15 witnesses that the prosecution could not produce before the court without undue delay or expenditure.
First case to trial
Sayedee's is the first case to proceed to the trial stage at ICT 1. The prosecution on Sept 4 proposed framing of charges against him on 31 counts for crimes against humanity and genocide.
The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15 and the court indicted Azam on May 13.
Jamaat chief Nizami, Secretary General Ali Ahsan Mohammad Mujaheed and Assistant Secretaries General Mohammad Kamaruzzaman and Abdul Quader Molla have been detained on war crimes charges.
BNP MP and standing committee member, Salauddin Quader Chowdhury, also behind bars, has been indicted for 23 charges on Apr 4. The prosecution has been ordered to begin with its opening statement on Apr 29.
Former BNP lawmaker and minister Abdul Alim is the only one out bail. With formal charges pressed against him, Alim saw his defence place his discharge petition on Monday. Further arguments followed on Wednesday. The hearing has been adjourned till May 14.
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