Tag Archives: cross-examination

18 June 2013: ICT-2 Daily Summary – Jalal contempt proceedings, Alim Cross Examination of PW 25

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Jahir Uddin Jalal
  2. Chief Prosecutor vs. Abdul Alim

In the contempt proceedings against Jahir Uddin Jalal, the Tribunal granted additional time to Jalal’s lawyer to prepare his explanation, and set June 30 as the date for the next hearing. In the Abdul Alim case, defense counsel Hena conducted the cross examination of Prosecution witness 25. The counsel mainly directed his questioning towards the credibility of the witness.  Continue reading →

17 June 2013: ICT-2 Daily Summary – Qaiser Investigation, Alim Examination-in-Chief of PW 25

Today the Tribunal heard matters in the following cases:

  1. Investigation of Syed Mohammad Qaisar
  2. Chief Prosecutor vs. Abdul Alim

The Prosecution submitted a report about the ongoing investigation against Syed Mohammad Qaisar and requested the suspect’s continued detention. The Tribunal ordered that the suspect remain in custody during the investigation, and set July 18, 2013 as the date for further orders. In the Alim case, the Prosecution conducted the examination-in-chief of Prosecution witness 25, who testified with regard to Charge 4 against Alim. Continue reading →

16 June 2013: ICT-2 Daily Summary – Mueen Uddin and Khan Charges, Alim Cross Examination of PW 24

Today the Tribunal heard matters in the following cases:

  1.  Chief Prosecutor vs. Chowdhury Mueen Uuddin and Ashrafuzzaman Khan
  2. Chief Prosecutor vs. Abdul Alim

The Prosecution read out the charges against Chowdhury Mueen Uddin and Ashrafuzzaman Khan, and the Tribunal fixed June 24, 2013, as the date for delivering the Charge Framing Order.  In the Alim case, Defense counsel Ahsanul Huq Hena concluded the cross examination of Prosecution witness 24. The Prosecution will call its 25th witness on June 17, 2013. Continue reading →

16 June 2013: ICT-1 Daily Summary – Mobarak Hossain PW 4, AKM Yusuf Defense Applications, Nizami Adjournment

 Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain – Cross-examination of PW 4
  2. Chief Prosecutor vs. Motiur Rahman Nizami– adjournment due to illness of witness
  3. Chief Prosecutor vs. AKM Yusuf – Rescheduling of Charge Hearing, Defense Applications

In the Mobarak Hossain case the Defense conducted the cross-examination of Prosecution witness 4, Khadem Hossain Khan. In the case against Motiur Rahman Nizami the Prosecution was scheduled to examine Prosecution witness 11, but was granted an adjournment by the Tribunal due to the witness’ illness. Today was also fixed for hearing the official charges against AKM Yusuf. However the Defense filed two applications; one seeking two weeks adjournment for further preparation and another for permission to have privileged communication with the Defendant. The Tribunal granted the application for privileged communications, allowing the Defense to meet with AKM Yusuf on 22 June. Tribunal also accepted the request for adjournment and scheduled the next proceedings of the case for 1 July 2013.

Chief Prosecutor vs. Mobarak Hossain
Cross-Examination of  PW 4
Khadem Hossain Khan, a victim during the war of independence, underwent cross-examination by the Defense. During the Prosecution’s examination-in-chief, Khadem Hossain Khan had testified that after the country was “liberated” on 16 December 1971, freedom fighters and Awami League supporters rescued him by breaking the lock of the jail. The Defense asked the witness when he was first taken to jail and when he as released. The witness replied that he was taken to the jail on 26 November 1971 and released on the 7th or 8th of December after the Brahmanbaria area was liberated. He said that Brahmanbaria was liberated on 6 December 1971. The Defense asked the witness numerous questions about the jail authority, jailor, jail super, whether the witness was presented before any magistrate before he was taken to the jail, and whether there was any doctor at the jail during his intention, all with the intention of casting doubt on his testimony. The Defense asked the witness about the number of the wards in the jail. Witness replied that he did not now how many wards there were in total, but that his ward number was number three. The Defense asked the witness to recall the name of three persons who were with him in the same ward and still alive. The witness replied that all those who were detained with him are now deceased. Continue reading →

13 June 2013 ICT-1 Daily Summary – Chowdhury Cross Examination PW 41, Abdus Sobhan Pre-Trial

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Investigation of Abdus Sobhan

In the Chowdhury case, the Defense concluded the cross-examination of Investigation Officer Md Nurul Islam, Prosecution witness 41. The Tribunal also heard an application submitted by Prosecution requesting the Tribunal to reject the Defense’s list of 1153 witnesses. The Prosecution argued that the list did not comply with Rule 51A (1) and did not specify the particulars of which witnesses would testify as to which charges, or on which points the Defense intended to examine the witness. The Prosecution also argued that list repeated the name of certain witnesses. The Defense countered that the list is short considering the political career of the Accused. They stated that while some names are similar, they are not repetitions.

The Tribunal verbally granted the Prosecution’s application with modification. They limited the Defense to 5 witnesses. The Defense objected, stating that there are 23 charges against the accused and that 41 prosecution witnesses testified against CHowdhury. They argued that being limited to 5 witnesses would prejudice their case. The Tribunal did not respond to their objection.The Tribunal then adjourned the proceedings of the case until Monday, 17 July 2013, even if, Defense prayed for more time.

In the ongoing investigation of Abdus Sobhan, the Prosecution submitted their progress report and sought additional time. Tribunal allowed the prayer and adjourned the proceedings of the case until 14 July 2013.  Continue reading →