Defence claims four charges not proved

The defence of war crimes accused Ghulam Azam yesterday argued that the prosecution failed to prove four charges as the investigation officer of the case did not verify the objectivity of newspaper reports presented as evidence.
Defence counsel Imran Siddiq told the International Crimes Tribunal-1 that the prosecution submitted newspaper clippings as evidence to prove four charges, conspiracy, planning, incitement and complicity to crimes against humanity.
“But the IO [investigation officer] of the case did not verify the objectivity of the newspaper reports,” Imran said as he placed his closing arguments at Tribunal-1.
He argued that a censorship was imposed on newspapers during the Liberation War and, therefore, there were possibilities of distortion of news items published in newspapers.
The tribunal then asked the defence since the censorship was imposed on newspapers during the Liberation War, whether there was any possibility that the newspapers only ran the facts.
The defence counsel replied, "It could be possible."
During cross-examination, the IO of the case said he had not verified the objectivity of the reports, Siddiq told the tribunal.
The defence counsel also argued that there were different ways to verify the reports but the IO had not done that. The IO just collected the news clippings from Bangla Academy and submitted those before the tribunal.
Prosecutor Tureen Afroz, on the contrary, told The Daily Star that the tribunal was empowered by the International Crimes (Tribunal) Act, 1973, to take any evidence into consideration that had probative value.
Section 19 (1) of the act reads: A Tribunal shall not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and tape-recordings and other materials as may be tendered before it, which it deems to have probative value.
Tureen Afroz also said the reports were published in different newspapers during the Liberation War in 1971 and, therefore, these reports have probative value.
Defence counsel Imran Siddiq yesterday said the prosecution through their evidence had failed to create any link between the alleged planning by the accused and the acts of crime.
The prosecution through their evidence had tried to prove that Ghulam Azam was involved in planning the crimes against humanity but they did not provide any proof to substantiate their claims, he told the tribunal.
The defence yesterday placed their arguments on two charges -- conspiracy and planning to commit crimes against humanity. The proceedings of the case were adjourned until today.
Earlier, the defence prayed to the tribunal to recall its Tuesday's order as senior defence lawyers were not present at the court on that day.
On Tuesday, the tribunal had directed the defence to complete their closing arguments by today (April 4).
Saying that the time limit would seriously “prejudice” the defence, chief defence counsel for war crimes accused Jamaat leaders Abdur Razzaq urged the tribunal to allow the defence two more days after the April 4 deadline expired.
The tribunal would pass an order in this regard today.