21 January 2013: ICT 1 Daily Summary – Sayedee, Golam Azam, Nizami

The the verdict in the case of Chief Prosecutor vs. Kalam Azad was read out by the Chairman of ICT-2 in the ICT-1 room. Therefore Tribunal 1 did not convene until 12:30 and adjourned early at 1:30pm.

Today Tribunal 1 heard matters in the following cases:

  1. Chief Prosecutor vs. Delwar Hossain Sayedee: Resubmission of Defense Closing Arguments (Accused was Present)
  2. Chief Prosecutor vs. Golam Azam, Nizami, Sayedee: Order on application for review (Golam Azam and Nizami were not present)

Defense Closing Arguments in Sayedee Case
Mizanul Islam, Defense counsel for Sayedee continued with closing arguments. The Defense alleged that among 20 prosecution witnesses, 18 of the witnesses should be discredited as biased witnesses. The Defense alleged that the testimony of PW-1 (Mahbubul Alam Hawlader), PW-2 (Ruhul Amin Nabin), PW-3 (Mizanur Rahman Talukder), PW-4 (Sultan Ahmed Hawlader), PW-5 (Motalib Uddin), PW-6(Manik Proshari), PW-8 (Mostofa), PW-12 (MP Awal), PW-14 (Abdul Alim Babu), PW-15 (Soleman), PW-16 (Julfikar),PW-24 (Hossen Ali), and PW-27 (Sayef Hafizur Rahman) cannot be trusted as these witnesses are all active members of the ruling party, the Awami League. Additionally, the Defense alleged that PW-7 (Mofizuddin Proshari), PW-9 (Altaf Hossain Hawlader), PW-10 (Bashudeb Mistri), PW-13 (Gourango Shaha), PW-23 (Modhusudon Ghorami) received certain benefits from Government, and therefore were biased witnesses. Thereafter, Mizanul Islam sought adjournment for today.

Rejection of Defense Request for Review of Order Denying Retrial
On January 21, 2013 Tribunal passed an order rejecting the Review applications filed by the Defence Counsels of Motiur Rahman Nizami, Golam Azam and Sayedee. They filed these applications requesting review of the order dated 3 January 2013 in which the Tribunal rejected the Defense’s request for a retrial based on alleged collusion between the former Chairman and outside legal expert Ziauddin as evidenced by Skype conversations and emails between the two. On January 15, 2013 Tribunal heard the review applications filed by the Defence Counsels of Motiur Rahman Nizami, Ghulam Azam and Delwar Hossain Sayedee.

Justice Jahangir Hossain read out the order. In it the Tribunal stated that it had previously expressed its view on the matter in its order dated 3 January 2013. The order was given after a long hearing and thorough consideration of the issues. The Tribunal again noted the material facts: On December 6, 2012 Former Chairman of Tribunal-1 disclosed that his computer, emails, and skype had been hacked. The Tribunal stated there is no reason to disbelieve the former chairman’s accusation. The order further stated that the alleged skype and e-mail communications were obtained by hacking or recording and without permission, therefore, these materials are the outcome of an offense and a clear violation of the right to privacy. The order further stated that the stolen information may be admissible where it is known who stole it; from where it was stolen and whose under whose initiative it was published.

The order further stated that the Defense had filed 6 applications and review applications at the same time, which seem to them to be contradictory. The Order further stated that the application for review did not introduce any discovery of new facts or error. The order stated that the review application therefore has no merits and is rejected.