Allegation imaginary

Terming the Zia Orphanage Trust graft case against BNP Chairperson Khaleda Zia an imaginary lawsuit, a defence counsel yesterday argued that no money was embezzled from the trust.

"Money was not embezzled; rather the amount has increased and it is still in the trust," Ahsan Ullah said.

Ahsan, defence lawyer for two accused, former BNP lawmaker Kazi Salimul Haque and Sharfuddin Ahmed, was delivering his closing arguments before the Special Judge Court-5 of Dhaka.

Later, Judge Md Akhtaruzzaman adjourned the case proceedings until January 23 when Ahsan would reopen his arguments.

Khaleda appeared before the court around noon, about half an hour after the proceedings began. Salimul and Sharfuddin were present.

Ahsan pointed out "discrepancies" in the testimonies and cross-examinations of some prosecution witnesses.

When he was reading the cross-examinations of other accused, the judge asked him to read only those involving his clients.

The lawyer said as his clients were charged with abetting other accused in committing the crime of misappropriating the money, he needed to discuss the cross-examinations of all the accused.

As the court refused him permission, Ahsan said he would show that no law bars him from reading the cross-examinations of all the accused.

Citing the testimony and cross-examination of the 29th prosecution witnesses, he said the witness told the court that all the money was deposited in the trust fund and Tk 2 crore fund now amounts to Tk 6 crore.

So the allegation of embezzling the money was not true, he argued.

Talking to journalists outside the court, Public Prosecutor of the case Mosharraf Hossain Kajal said the Kuwaiti amir had sent the money to the then prime minister's orphanage fund, which is a public fund.

But the money was transferred to Zia Orphanage Trust which is a private trust, the lawyer said, adding that the accused misappropriated the money by transferring it from a public fund to the private fund.

On July 3, 2008, the Anti-Corruption Commission filed the case against the BNP chairperson, her elder son Tarique Rahman, Salimul, Sharfuddin and two others for their alleged involvement in misappropriating over Tk 2.1 crore that came from abroad as grants for orphans.