Today the Tribunal heard matters in the following case:
Chief Prosecutor vs. Delwar Hossein Sayedee: Resubmission of Defense Closing Arguments (Accused was Present)
Mizanul Islam, Defense counsel for Sayedee, continued the resubmission of the Defense’s Closing Arguments for the 3rd consecutive day. The Defense began their closing arguments on January 20, 2013. On January 22, The Defense summed up arguments based on Charges 5, 14 and 16. Chairman A.T.M Fazle Kabir directed the Defense to complete their arguments within tomorrow’s session (January 23, 2013).
Chief Prosecutor vs Salauddin Qader Chowdhury: Defense Application for Removal of Chief Prosecutor; Contempt Proceedings vs. Ziauddin (Accused Not Present)
Chief Prosecutor vs Delwar Hossain Sayedee: Defense Resubmission of Closing Arguments (Accused Present)
The Tribunal passed and order in response to the two defense applications seeking the removal of prosecutor Zead al-Malum. They additionally took note of the request by Chowdhury’s Defense counsel for contempt proceedings against Ziauddin (in connection with the Skype controversy). In the Sayedee case the Defense counsel filed two applications for review of orders rejecting previous applications made regarding 1) opportunity to inspect process and summons orders made for witness statements made under section 19(2) – providing for out-of-court statements made to the Investigating Officer to be admitted into evidence without the live testimony of the witness, and 2) recall of two witnesses. The Defense also noted a lack of access to documents submitted by the Prosecution.Thereafter, Mizanul Islam Defence Counsel of Delwar Hossain Sayedee began placing Closing Arguments for that case.
The Tribunal said that Motiur Rahman Nizami and Salauddin Quader Chowdhury’s cases will be heard before the court on January 23, 2013.
On behalf of the Prosecution, Haider Ali submitted the Prosecution’s final arguments, addressing Charges 17-19.
Haider Ali began by reading out the Daily Jonokontho dated 5 March 2001 (Ext-08) regarding incident at Sajuddin Poshari and the killing of Fayzur Rahman (charge 5) and Aziz; the looting of shops in Bipod Shaha, Modon Shaha and Makhon Shaha; and general allegations of looting, burning houses, torturing people, forced conversion of Hindus, and killing of Hindus. He read out Exhibit -48, the Daily Azad , dated 3 February 1972 relating to Charge 18. He read out Exhibit-12, the Daily Shamakal, and Exhibit-46, a newspaper dated 17 July 2010; as well as Exhibit 47 dated 14 April 2001.
He then focused on the individual charges and the prosecution’s evidence in support of each one. Continue reading →
NOTE TO THE READER: Today opposition parties called a hartal (strike) for half the day. AIJI’s researcher was unable to attend the proceedings because of the strike. (transport to and from court becomes quite dangerous during such strikes) These notes regarding the proceedings for today were compiled through other persons present at the tribunal including the Defense team and journalist coverage. The prosecution team was also asked to verify their accuracy but did not respond before publication The WCSC has done its best to insure the neutrality of the notes from today but cannot guarantee their accuracy. Please bring any discrepancies to our attention.
The Tribunal heard matters in the following cases:
Chief Prosecutor vs. Delwar Hossain Sayedee – Prosecution Closing Arguments
Chief Prosecutor vs. Sayedee, Golam Azam, and Nizami – Hearing of Application for Review of Order Denying Retrial
Due to the half day hartal a junior member for the Defense requested adjournment until 2pm. The Tribunal granted his request and convened for the afternoon session.
Chief Prosecutor vs. Sayedee, Golam Azam, and Nizami
Yesterday, January 15, 2013 the hearing of the Review application began in the cases of Sayedee, Golam Azam and Nizami. Defense counsel Abdur Razzaq completed his arguments on behalf of the Accused.
Today Haider Ali gave a reply on behalf of the prosecution. He raised an objection regarding the Defense referring to the Order rejecting the retrial application as a ‘impugned order’ in their petition. He submitted that the Defense’s challenge of the usage of the term ‘alleged’ in reference to the skype conversations between the former chairman and Ziauddin was also objectionable. He submitted that as the Defense introduced the skype and e-mail communications, the burden was on them to prove their contents. He argued that the existence of the conversations is established but not their content. Continue reading →
Today the Tribunal heard matters in the following cases:
Chief Prosecutor vs Gholam Azam (Accused Not Present)
Chief Prosecutor vs Salauddin Qader Chowdhury (Accused Present)
Chief Prosecutor vs Delwar Hossain Sayedee (Accused Present)
Chief Prosecutor vs Motiur Rahman Nizami (Accused Not Present)
Today Tribunal 1 passed an order exonerating Sayedee’s Defense Counsel, Tajul Islam, Mizanul Islam and Tanvir Ahmed Al-Amin, from the contempt charge pending against them and withdrew the bar against Tajul Islam’s attendance in Tribunal 1.The Tribunal warned Tajul Islam to maintain the decorum of the Tribunal in future.
The Tribunal rejected an application filed by the Defense counsel on behalf of Gholam Azam on January 10, 2013, seeking to have the alleged skype documents and e-mails admitted as exhibits. The Order stated that in its January 3rd order rejecting the Defense applications for retrial the tribunal had already addressed the issue, stating that those documents are inadmissible as the product of illegal hacking.
On behalf of Chowdhury, Defense counsel Ahsanul Huq Hena continued his submission for removal of the conducting Prosecutor Zead-al-Malum. The Tribunal fixed January 20, 2013 for passing its order on the matter.
The Tribunal began hearing arguments in the Defense’s application for review of their order rejecting their request for retrial. Abdur Razzak completed his arguments on behalf of Gholam Azam, Delwar Hossain Sayedee, and Motiur Rahman Nizami.
Today the Tribunal heard matters in the following cases:
Chief Prosecutor vs Delwar Hossain Sayedee: Response to Yesterday’s Applications (Accused Present in Court)
Chief Prosecutor vs Salauddin Quader Chowdhury: Contempt Proceedings against Defense Counsel, Hearing of Application for Removal of Prosecutor (Accused Present in Court)
Chief Prosecutor vs Golam Azam: Defence Case-in-Chief (Accused Not Present)
In the Sayedee case the Tribunal rejected the six applications filed by the Defense yesterday, January 13. The Tribunal stated that it had already given orders pertaining to the issues raised and that it would be redundant to deal with them again.
In the Chowdhury case, the court issued an order to show cause for contempt against Defense counsel Fakhrul Islam. The Tribunal also rejected an application from Defense counsel Ahsanul Huq Hena requesting the adjournment of the tribunal until the contempt proceedings against foreign lawyer Dr. Ziauddin (implicated in the Skype controversy) had been disposed of.
The Tribunal heard joint arguments from the defense for Chowdhury and Golam Azam in favor of their application to remove lead Prosecutor Zead al-Malum.
The Tribunal then heard arguments from the Golam Azam Defense team in favor of their application to allow the skype conversations and emails between the former Chairman Nizamul Hoque and foreign lawyer Dr. Ahmed Ziauddin to be exhibited before the court.