Investigators & Prosecutors Frauds on Bangladesh War Crimes Tribunal

4 Jun

A significant episode has began at Bangladesh War Crimes Tribunal (ICT). The Defence has officially submitted documentary evidence before the Tribunal which conclusively proved that Prosecution Witnesses (PWs) whom the Prosecutors & Investigators have been claiming missing were infact in the custody of the Investigation Agency. The Tribunal based on their claim accepted the purported written deposition of those PWs as evidence. Now it has surfaced that those very PWs has publicly denied making any such statements against Allama Delwar Hossain Sayedee.

Below is the description of what went on inside the tribunal.  

 

 

 

ICT-BD.Dhaka. Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

Date: 3rd June, 2012. Sunday. 10:30 am

Sub:  Recording of Evidence (cross examination of IO,PW-28 for 17th day) & Order & Application hearing.

(The conversations are not accurate and cannot be quoted. These are brief summary of the conversations)

Accused produced before the Tribunal at 10.28 am. All Tribunal members took their seats at 10.35 am.

  1. 1.   ICT bd case no.1 of 2011

For Order, Application hearing and recording of  Witness

Chief Prosecutor

Versus

Delawar Hossain Sayedee (DHS)

10: 35 am

Abdur Razzak (AR) mentioned – The defence has prepared a Reply to the Prosecution’s Written Objection on the Defence’s Review Applicationt to the section 19 (2) order. The reply is ready. It is a huge volume containing about 500 pages. We are yet to paginate this reply and its copies. This application may be taken up for hearing at 2.00 pm.

Chairman (Ch) – Ok. We will now pass order on the Application for recall of PW 1, 2 & 6.

10.40 am

Member Judge Zahir Ahmed (ZA) passed the Order.

Summery of the Order:-

Regarding PW 1 and 6 i.e. Mahbubul Alam and Manik poshari the Recall petition is allowed. Regarding PW 2, Ruhul Amin Nobin was Rejected. PW 1 and 6 are to be brought on /by 15th June 2012. Defense need to deposite Tk. 5000/= by 10th June 2012 as cost for recalling the PWs.

10:50 am

PW 28 took Oath and cross examination continued by Mijanul Islam (MI).

12.05 am

MI wanted to ask question on exhibit 54/55.

Ch – we will now use guillotine to restrict your cross examination. These exhibits does not contain Mr. Sayedee’s. You do not need to ask question on all other exhibits which does not contain Sayedee’s name. These cross examination are not relevant.

MI – But the prosecution relied upon these documents and you allowed them to exhibit these documents. I have right to cross examine these documents. I can assure that I will be very precise to cross examine on the Prosecution documents which does not contain any information about Mr. Sayedee.

Ch – these documents are not relevant. We will not consider thies documents in our judgment. You should cross examine only those documents that contain Mr. Sayedee’s name or the incidents of this case.

MI – Please pass a written order that you will not consider these documents in your judgment.

Ch – We do not need to pass any written order. We can ensure you that we will not consider these documents in our Judgments.

MI – Then I should be allowed to ask question on those exhibits. I can assure that I will only ask 2/3 questions on each of those exhibits since they do not contain Mr. Sayedee’s name. I will not waste the Tribunal’s time. I will be very precise.

Ch – You do not need to ask question on those exhibits.

MI asked two wholesale questions as to the relevancy of those prosecution exhibits and moved onto  question on the exhibits that contains Mr. Sayedee’s name or the allegation of the present case.

12.15 pm

The cross examination continued.

1:00 pm – adjourned for recess.

2:15 pm – resume after recess.

The Defense served upon the Prosecution copy of Defence Reply to the Prosecution’s Written Objection on the Defence’s 19 (2) Review Applicationt. The Defence Reply was handed over to the judges.

AR – This reply is a 498 pages bundle containing the PW Attendence Registrar, General Diary Book, Food Book maintained by the Witness Safe House in Dhaka as Annexure A, B & C. This three annexures show the specific date and time when the PWs came to the Safe House in Dhaka for giving evidence to the Tribunal. these documents contain notes of attendence and departure of the PWs in the Safe House in Dhaka and also that the PWs who are claimed to be unavailable by the Prosecution were in fact taken to the Tribunal on different dates. These documents are sufficient to show that the Prosecution and the Investigation Officer were lying about the whereabouts of the 15 PWs under 19(2). They support the facts raised in the Defence Application for Review.

(The fraud of the Investigation Officer has revealed and the judges appeared very angry on the Porsecution and the IO. The judges could not accept that how defence can get hold of these documents)

ZA – O’ my God, What is this? How do you get this?

Ch – This is a huge document and I think the Prosecution will need time to reply these documents.

Prosecutor Haider Ali (HA) – This document is about 500 pages. We received it just now. We need time for reply.

AR – the prosecution can certainly get time to reply these documents. But I want to inform the Tribunal that in its Written Objection to our Review Application the Prosecution denied existance of these Register Books. This is why we have submitted the photocopy of all the registers. We need to show that these documents and the Investigation Officer and the Prosecution are lying about the whereabouts of the PWs.

HA – These are fabricated documents.

Ch (looking very angry) – but these documents contains very minor details that others are not supposed to know.

ZA – How did you collect these documents?

AR – They are available in public domains like youtube. Two news papers (Daily Nayadiganta and Daily Amar Desh) has already reported on these Registrars of the Safe House.

ZA- Can you give me the links?

Ch – what is the Address of this ‘Safe house’, where is it located?

AR- these documents show that it is in Golapbag, Dhaka.

Ch – to HA – Where is your Investigation Officer (IO)?

(IO came in front)

Ch – do you have any witness Safe House in Golapbag.

The IO was so frigtened that he became wordless.

HA – We do not have any Safe House. We have a witness home.

2.35 pm

Ch passed an order a summary of which is as follows:

The Investigation officer is directed to bring all the persons in charge of the Witness Home on 7th June 2012, Thursday at 10.30 am before this Tribunal to answer our questions on these registrar. We will pass our order on the Defence Application for Review of the 19(2) order on that day.

HA – you may extend the time Sunday i.e. 10th June.

Ch – No – they should come on Thursday.

AR – shall I press the another Review Application for review of the Order dated 10th April 2012 about exhibiting the new prosecution documents?

HA – This Application should be heard on 7th June with the another Review Application.

Ch – Ok. We will pass order on both review application on 7th June. – to AR – you may press your Bail Application.

AR – This Bail Application is on the 19(2) Review application – so should be heard on 7th June.

Ch – Ok – the Bail application should also be heard on 7th June 2012. – to MI – you should start your cross examinatin.

2:45 pm

Cross resumed MI continued till 4:05 pm.

4.05 pm

Ch – Adjourned for tomorrow.

MI –to Ch – So far I know you have already fixed the case of SQ Chowdhury tomorrow. So you may keep my case as second item tomorrow.

Ch – We cannot confirm. You have to come at first half.

MI – If SQ case is taken up for hearing then it will continue. At least you can keep us as 2nd item tomorrow.

Ch – you should send your junior. If the 1st item fail, you may need to come on call.

MI – Ok.

End of Sayedee case proceedings.

4.10 pm

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