Defence conceals info in petition
The prosecution yesterday brought allegations of 'fraudulence' against the defence counsel of war crimes accused ATM Azharul Islam as the latter 'concealed information' in their petition.
The defence filed the petition with the International Crimes Tribunal-1 seeking permission to scrutinise the probe report prepared by the investigation officer (IO).
The tribunal also expressed its discontent over the defence's 'dilatory tactics' in cross-examining the last prosecution witness SM Idris Ali, also the IO of the war crimes case.
It directed the defence to produce their witness before the court, if they were willing to do so, on Sunday.
Yesterday, defence counsel Abdus Subhan Tarafder spent time questioning Idris on topography of Rangpur.
At one stage, the tribunal asked him to cross-examine the IO on the incidents of 1971 rather than on topography as it would bring no good to the accused at the end of the day.
But the defence lawyer kept on cross-examining the IO about the distance and direction of different places in Rangpur.
Though Tarafder was supposed to complete the cross-examination by 12:00 noon, he completed it around 1:15pm and sought one more day.
As the tribunal did not entertain his prayer, the defence counsel said he had two petitions which needed to be disposed of first before the completion of cross-examination.
The tribunal allowed him to move the petitions.
Tarafder then prayed to the court to allow him to look over the investigation report prepared against Jamaat-e-Islami leader Azharul as it is necessary for cross-examining the IO further.
Azhar, who is facing six charges of murder, genocide and crimes against humanity during the Liberation War, was present in the dock.
"Seeing the investigation report is necessary towards the end of the trial. I could not complete the cross-examination without going through the report," Tarafder said.
Saying that the defence got three weeks' time to prepare themselves for cross-examining the IO, Tribunal-1 Chairman Justice M Enayetur Rahim asked the defence lawyer why he had not placed the prayer at that time.
"Placing such petition at the fag end of cross-examination is nothing but (has been done with) mala fide intention as we have given you enough time," Justice Rahim told Tarafder.
In the other petition, the defence sought permission to cross-examine Idris regarding the contradiction between prosecution witnesses' depositions and their statements before the IO.
Terming the prayer an 'utmost dilatory practice', prosecutor Zead Al Malum drew attention of the tribunal to its 28th order in the case passed on March 3 this year.
"In that order, the defence is permitted to inspect the investigation report. But in their latest petition, they did not mention it. They hid the matter before the tribunal," he said.
Jumping out of his chair, Tarafder told the tribunal that they could not look over the investigation report 'thoroughly'.
"You have suppressed the matter in the petition," said Justice Anwarul Haque, a member of the three-member tribunal.
The tribunal chairman outright rejected the two petitions and asked the defence counsel to continue cross-examination.
Tarafder then prayed to the tribunal to allow him more time.
The tribunal also asked him whether he would be able to complete the cross-examination if given one more hour.
"I will try my best," Tarafder replied. But the tribunal found his answer vague.
Justice Rahim said so much opportunity had been given to the defence but they had wasted the court's time on unnecessary matters during cross-examination.
The tribunal then asked Tarafder to produce the witness of the defence, who had earlier submitted a list of 12 witnesses before the court.
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