Recording of IO's deposition suspended

The International Crimes Tribunal-2 yesterday suddenly stopped recording testimony of an investigation officer in the case against Jamaat-e-Islam leader Abdus Subhan and decided not to consider his 38-minute deposition as evidence.

The tribunal took the decision as it was revealed that IO Noor Hossain had investigated last part and Motiur Rahman first part of the case.

The three-member tribunal headed by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam expressed discontent over the prosecution for bringing Noor first for deposition instead of Motiur Rahman.

The court also directed the prosecution to bring Motiur today for testimony and said it would take Noor's testimony later.

Yesterday was fixed for recording testimony of the investigation officer and Noor started testifying at 11:12am. At one point, he appeared

to have investigated only the last part of the case.

“You should have brought the first IO [investigation officer] first,” said Justice Hassan, while Justice Shahinur Islam asked: “Why did you bring the second IO first instead of the first IO?”

“The part, which was testified by this IO, [Noor Hossain] should have been testified by the first IO,” Justice Mozibur said.

As prosecutor Sultan Mahmud Simon did not say anything, Justice Hassan said: “Our one hour went in vain.”

The court later passed an order saying: “Even though Noor Hossain has already testified in respect of the investigation conducted by Motiur Rahman, it would be justified not to consider his deposition as evidence.”

Subhan, a nayeb-e-ameer of Jamaat, faces nine charges including genocide committed in Pabna during the Liberation War in 1971. The octogenarian accused, however, pleads not guilty before the court.

JABBAR'S CASE

The fourth prosecution witness in the case against fugitive war crimes accused and former Jatiya Party lawmaker Abdul Jabbar yesterday told the International Crimes Tribunal-1 that he [Jabbar] had instructed to kill two freedom fighters and 23 Hindus, forcefully converted more than 150 Hindus and looted around 360 houses at Phuljhuri during the war.

Witness Siddique Matabbar said Jabbar had branded supporters of Awami League as well as independence, freedom fighters and Hindus as “enemies” and vowed to destroy them. The three-member tribunal chaired by Justice M Enayetur Rahim recorded deposition of the witness, whose testimony was similar to that of three other prosecution witnesses.

“The Hindus' wealth and property are war booty and therefore the Muslims could use it. If the Hindus want to live in this country, they will have to be Muslims,” the witness said quoting Jabbar, who used to address different rallies in Pirojpur.

On May 17, 1971, Jabbar along with 30 to 35 Pakistani army men went to Phuljhuri village. He asked the army to kill one Sharda Kanto Paik, who was running for life.

The army gunned down Sharda on the spot. About 360 houses of the village were looted and set on fire that day.

State-appointed defence counsel Mohammad Abul Hasan had cross-examined the witness before proceeding of the case was adjourned until today.