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Monday, 20 May 2013

ICT holds first camera trial over absentee PWs against Sayedee

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Reported by: UNB Connect
Reported on: June 07, 2012 19:21 PM
Reported in: National
News - ICT holds first camera trial over absentee PWs against Sayedee
Dhaka, June 7 (UNB) - The International Crimes Tribunal-1 for the first time on Thursday held its session in camera for over an hour to look into the allegations about the absentee prosecution witnesses (PWs) against war crimes accused Delwar Hossain Sayedee as claimed by the prosecution.

Responding to a defence lawyer’s petition, Justice M Nizamul Huq, chairman of the three-member tribunal, on June 3 summoned all the staff of the refuge (safe home) for the prosecution witnesses to appear in person before it today to refute the defence allegation that the absentee PWs had enjoyed all the facilities, including food and lodging, for providing evidence before the tribunal, but left the refuge without doing so.

As some 11 safe home staff appeared, the tribunal chairman pronounced that the hearing would be held in camera at his chamber and two lawyers each from both the defence and the prosecution sides will be allowed to appear in the hearing.

The tribunal examined the safe home staff one after another during the hearing in camera.  

Emerging from the session in camera, both the defence and the prosecution lawyers remained tightlipped and refrained from divulging any information.

When the usual trial proceedings resumed, Barrister Abdur Razzaq, the defence counsel for Jamaat leader Sayedee, submitted two petitions calling for records of the safe home, including its phone registrars, and drawing contempt of court charge against the designated investigation officer, ASP M Helal Uddin, for ‘acting fraud’ upon the tribunal.

As a result, the tribunal, backing the prosecution plea, had received 15 prosecution witnesses’ recorded statements by the investigation officer as their evidence against Sayedee sans cross-examination by the defence counsel, he argued.
    
The prosecution had won the legal battle against the defence counsel on a prayer under section 19 (2) of the International Crimes (Tribunals) Act 1973 claiming that it would not be possible to produce 46 prosecution witnesses against Sayedee as they were either very sick or could not be traced or went into hiding.

Asked advocate Tajul Islam, the counsel for Sayedee, told UNB that they have collected relevant papers and documents about the absentee PWs living in the safe home in the capital.  
 
The tribunal adjourned for Monday (June 11) the hearing on the petition by the accused seeking a review of the March 29 tribunal order on section 19 (2) of the ICT Act.
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