Published on 12:00 AM, November 18, 2013

Tarique acquitted

Tarique acquitted

Mamun jailed for 7 years; surprised BNP finds 'a brave judge in subservient judiciary'

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A Dhaka court yesterday acquitted Tarique Rahman, elder son of BNP Chairperson Khaleda Zia, in a money laundering case involving Tk 20.41 crore amid heightened political tensions ahead of the general election.

The court, however, sentenced his friend and business partner Giasuddin Al Mamun to seven years in prison and fined him Tk 40 crore in the same case.

“He [Tarique] did not conceal any information of this transaction in his wealth statement submitted to the Anti-Corruption Commission on June 7, 2007. So, the charges against him could not be brought under the Money Laundering Prevention Act-2002. Therefore, he is acquitted,” said judge Motahar Hossain of the of the Special Judge’s Court-3.

But ACC Commissioner Mohammad Shahabuddin rejected the judgment, saying: “Tarique and Mamun had equal footing in the crime. So, legally there was no scope to differentiate.”

The commission would appeal against the verdict, so would the lawyers of Mamun.

The verdict has taken the BNP by surprise. The main opposition party has all along been critical of the judiciary throughout the trial, but yesterday the defence lawyers hailed the judge, saying the judge had delivered the verdict with courage while working under a “subservient judicial system”.

The ruling Awami League, however, did not officially react to the verdict.

It was the first judgment in one of the 16 cases, including the gruesome August 21 grenade attack cases, against Tarique, senior vice-chairman of BNP. He was arrested on March 7, 2007, during a crackdown on corruption by the military-backed caretaker government.

After securing a parole, he went to London in September 2008 for treatment, and later obtained bail in other cases as well.

He was tried in absentia as he did not appear before the court even after the court issued arrest orders for him twice.

The court yesterday withdrew those arrest warrants.

Mamun, who is in jail since March 26, 2007, was present in the court yesterday.

Earlier on June 23, 2011, Tarique’s younger brother Arafat Rahman Koko was sentenced to six-year rigorous imprisonment for laundering over Tk 20 crore to Singapore. Koko, a fugitive, faces three more cases.

Their mother, Khaleda Zia, has five corruption cases against her.

As soon as the verdict was delivered in a packed courtroom, around 100 pro-BNP lawyers burst into cheers and chanted slogans in the courtroom in violation of the courtroom norms.

Their jubilation soon spread all around the court premises where several hundred lawyers brought out a procession and chanted anti-government slogans. They showed “V” signs and distributed sweetmeats.

The prosecution expressed dissatisfaction over the acquittal of Tarique. Pro-government lawyers were in anger, and they blamed prosecutors Mosharraf Hossain Kajol and Kabir Hossain for the acquittal.

Soon after the judge left the courtroom, they hurled abuse at them, saying “grab them, grab them”. They also accused the two prosecutors of taking bribe, a claim Kajol and Kabir outright rejected.

The pro-government lawyers even criticised the judge for the “unexpected verdict.”

Some of them agitated outside the courtroom and at one stage started kicking the doors of the courtroom.

Anisul Huq, chief counsel for the ACC, told reporters: “I am definitely not satisfied with the verdict. But I accept the judgment of the court.

“I still think, on the basis of our evidence, there was no scope for the charges being unproven.”

Security was tight and situation tense in and around the court premises since early morning yesterday.

A prison van brought Mamun from Kashimpur Jail to the court in Old Dhaka around 10:00am.

The court sat around 11:55am.

Delivering the verdict, the judge said Khadiza Islam, chairman of Nirman Constructions at Banani, was awarded the work of an 80-Megawatt power plant at Tongi in 2003.

When she did not get the work order even after 8-10 months, she contacted Mamun, who assured her of securing the work order but demanded money for the job.

Khadiza told Mamun that she would only pay after getting the work order. But Mamun forced her to deposit $7,50,000 at Citibank N.A. in Singapore on August 1, 2003, the judge added.

During the trial, Khadiza told the court that she had given the money in consultancy fee, not in bribe.

Mamun too claimed to the court that he received the money in consultancy fee, though he had no such firm, the court said.

So he did not take the money with an honest intent and the government was in the dark about the amount, the court said, announcing Mamun guilty of siphoning off the money.

The judge said that Tarique spent $54,000 from Mamun’s account which Tarique mentioned in his wealth statement and therefore cannot be charged.

But Mosharraf Hossain Kajol said it was not clear to the prosecution how the court acquitted Tarique and on what basis.

“Tarique as a fugitive had no lawyer to contest the case and they did not submit any such paper like wealth statement to the court. Yet the court showed such documents. How did he get those documents?” he told The Daily Star.

Jahedul Islam Koyel, one of Mamun’s counsels, claimed that Debra Laprevotte, a supervisory special agent of the FBI, submitted some papers, including Tarique’s wealth statement, during her testimony in the case.

The ACC filed the case in October 2009 against the duo for laundering TK 20.41 crore to Singapore between 2003 and 2007. The charges were pressed in July 2010 and the trial began in September 2011.

In 2007, the Singapore government returned the money, which the court said should be spent on the development work of the country.