Wednesday, March 7, 2012

Quader Molla Indictment Hearing Wednesday


DHAKA NEWS

Dhaka, Mar 6  Instead of presenting arguments, prosecutor Zead-Al-Malum merely read what he said 'highlights' from the voluminous formal charge against Jamaat guru Ghulam Azam at the war crimes tribunal on Tuesday.

The International Crimes Tribunal, set up to deal with the crimes against humanity during the 1971 Liberation War, also ordered before closing the day's proceedings that indictment hearing against Jamaat-e-Islami's assistant secretary general Abdul Quader Molla will begin on Wednesday.

In reply to a defence petition for adjournment since it had not been served with all the documents from the prosecution, the tribunal said that it would pass a separate order about when the defence would begin reply to the formal charges.

After Malum had re-read through some parts of the formal charges, tribunal member, Judge A K M Zaheer Ahmed chose to intervene. He told the prosecutor that he had read the same parts once before.

Malum then said that he was only reading the highlights and would later follow up with other details.

"I am afraid there might be report in [Wednesday's] papers that the prosecutor did not mention all the points but only a few of them," said Malum who has been slighting the media over the last few days.

Judge Zaheer Ahmed proceeded to provide the prosecutor with some points that he thought could be elaborated upon. "Perhaps then your and our lives would become easier."

"But we have had to sit here for hours listening to trifling petitions…" Malum trailed off to the visible embarrassment of the judge.

Zaheer Ahmed quickly apologised. "Sorry. You read on. I won't intervene," said the judge who has taken on the habit of asking this prosecutor not to be angry with him before putting forth his queries.

Malum resumed his reading of the formal charges in a court room that became emptier as he laboured on through the text before him.

The only details that followed after the lunch recess was another tedious session when prosecutor Sultan Mahmud read out a list of documents and articles that the prosecution had attached to the numerous documents submitted with the formal charge. An index, however, had already been submitted to the judges for their perusal.

Malum resumed after his colleague was done and continued for the better part of an hour and finished placing his much awaited 'arguments', reading the last few pages of the formal charge with much zeal and gusto.

The arguments never came, though.

Judge A K M Zaheer Ahmed then asked him about his proposal to charge the former Jamaat chief under sections 3.2, 4.1 and 4.2 of the International Crimes (Tribunal) Act of 1973.

The judge asked about Malum's position regarding section 4.1, which states, "When any crime as specified in section 3 is committed by several persons, each of such person is liable for that crime in the same manner as if it were done by him alone."

Section 3 elaborately defines the different crimes under the jurisdiction of this tribunal including crimes against humanity, peace and genocide.

Judge Zaheer Ahmed asked Malum whether it was his position that Ghulam Azam's presence was required to charge Azam under section 4.1. Malum replied, "No it is not necessary."

The defence is scheduled to reply on Mar 12

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