5 witnesses added to list
International Crimes Tribunal-1 yesterday allowed the prosecution to examine five new witnesses in the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami.
According to the defence, the prosecution have so far got three chances to add witnesses after submission of formal charges.
The prosecution first submitted a list of 68 witnesses. They were later allowed to add 28 and six witnesses on two occasions. The number of their witnesses now stands at 107.
Conducting prosecutor Mohammad Ali argued that more vital findings had come up in the investigation. “All the five witnesses are freedom fighters. Some of them are victims and direct witnesses,” he told journalists after the tribunal adjourned the proceedings until August 29.
During the hearing, Ali told the tribunal the investigation officer had found some important witnesses during further probe.
Justice ATM Fazle Kabir, chairman of the three-member tribunal, reminded the prosecutor that they had been able to produce only 17 of their witnesses.
"You have already a hundred witnesses and now you need more? Seeing your style of recording deposition, it seems this trial will go on for months," Justice Fazle Kabir said.
The prosecutor tried to convince the tribunal pointing out Section 9 (4) of the International Crimes (Tribunals) Act, 1973 that allows the prosecution to add additional witnesses during trial.
But the tribunal chairman said the prosecution would not simply enjoy the provision for nothing. “You will have to satisfy the tribunal first [with reasons for adding new witnesses],” he said.
Tribunal member Justice Jahangir Hossain Selim said the prosecution always claimed the defence were trying to linger and prolong the trial. “But in this case it seems the prosecution are trying to linger it.”
Defence counsel Mizanul Islam said the prosecutor and the investigating officer were indeed trying to cover up their “slip-ups” with the five additional witnesses.
There was no scope of further investigation by the investigation officer once the final report was submitted, he said. They were trying to hamper preparation of the defence, he added.
The tribunal however accepted the prosecution's prayer for the ends of justice.
The prosecutor then brought one of their additional five witnesses for his deposition.
Drawing the tribunal's attention, the defence asked how they would examine the new witnesses without any preparation. He also wanted to know how the prosecutor knew that his prayer would be approved.
The tribunal also asked the prosecutor the same question.
Ali replied that they had done it through guess work.
The tribunal adjourned the proceedings until August 29 and gave the defence time until Sunday for taking preparation to cross-examine the new witness.
THE ECONOMIST
The tribunal rescheduled passing an order on a show-cause notice issued to two editors of The Economist for September 26. The notice was served for publishing alleged Skype conversation between the tribunal's former chairman and an expatriate Bangladeshi lawyer.
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