BANGLADESH NEWS
Member of the Bangladesh's first war crimes tribunal Judge A K M Zaheer Ahmed could not help question the prosecution's seemingly irrelevant evidence on Thursday.
Jamaat-e-Islami executive council member Delwar Hossain Sayedee's investigator had submitted a news report published in Bengali daily, Janakantha, on Feb 13, 2002 as proof of alleged war crimes for which this Jamaat leader has been indicted by the International Crimes Tribunal–1.
The report's title cited Sayedee saying that the war against US would continue although the Taleban had been eliminated.
The judge wondered aloud how such exhibits were relevant to the case to which prosecutor Syed Haider Ali said, "This is not the time to establish this relevance. I will do that at the time of arguments. Not now."
However, faced with questions from the defence, ASP Mohammad Helal Uddin had admitted that the article had no relevance with the allegations against Sayedee.
When asked why he had submitted that article as an exhibit, the investigator said this was only one instance that showed Sayedee had contacts with the former Jamaat chief Ghulam Azam and others and acted in the same line.
Helal Uddin agreed to a suggestion that the news item did not have anything related to Ghulam Azam or the Jamaat leadership. The investigator also admitted that report did not have Sayedee's quote as suggested by the heading during cross-examination.
Defence counsel Mizanul Islam had already established that the investigation officer had not really analysed the content of the report before submitting it as an exhibit.
The investigator had gave his standard reply, "I don't have it on my records," when Mizanul Islam suggested that US had given its support to Pakistan during the Liberation War.
The defence counsel then said, "But other exhibits you submitted clearly point to US role during the war and you are concealing the fact knowing the answer full well."
The investigator denied.
Mizanul Islam then asked whether the US had moved a proposal for ceasefire in what was being called the 'Indo-Pak' War in the final days of the Liberation War at the UN Security Council to prevent formation of Bangladesh and protect Pakistan.
Prosecutor Syed Haider Ali reminded the tribunal that there should not be any such questions that might affect Bangladesh's foreign interests.
This is when the judge expressed his disappointment with the evidence. Judge Zaheer Ahmed went on to say that it was not only the tribunal's responsibility to ensure that Bangladesh's foreign interests were not hurt but also the it was duty of the prosecution.
"Why didn't you think over the matter when you submitted the evidence? You cannot keep the defence from its rightful cross-examination?"
Syed Haider Ali had a hard time explaining his position to the judge. "I am not saying that the defence will not cross-examine. All I am saying is that the tribunal will ensure there is no such matter in the proceedings that might hurt national interests."
Judge Zaheer Ahmed said, "But this is a matter of historical record, why would this hurt national interests?"
The prosecutor replied, "I am not saying that it will either. All I am saying is that there should not be any such content."
The tribunal chairman Justice Mohammad Nizamul Huq took the suggestion well and agreed with the prosecutor. "However, I should say we have nothing of the sort so far."
But Judge Zaheer Ahmed did not let it go. He told the prosecutor, "The prosecution should have pondered over the matter beforehand because the defence has the right to cross examine. You cannot suggest how the tribunal conducts itself."
Mizanul Islam clarified that he would not ask any such questions. He said he hoped that the tribunal's decision in this regard would not prejudice the defence.
He continued to dwell upon the UN Security Council proposal, which had been shot down due to a veto of the Soviet Union.
When asked whether Zulfikar Ali Bhutto had come to visit Bangladesh during Sheikh Mujibur Rahman's lifetime, the investigator said he did not know.
It was at this point that judge Zaheer Ahmed had another spat with prosecutor Haider Ali.
The judge had said regarding Bhutto, "And the prosecution has submitted evidence with Bhutto's heroics at the UN tearing up papers of the resolution making us watch him to be a hero. It is unfortunate that we had to watch this sitting at this tribunal adjudicating such a case."
Haider Ali stood up to defend his case and his voice rose with every reply as he told the judge that he did not think it was appropriate for him to question the evidence at this point of trial.
Mizanul Islam continued with his cross-examination on another exhibit, which was also a newspaper report. He expressed his 'helplessness' exasperated by prosecutor Haider Ali prompting answers to the investigation officer.
Helal Uddin had changed his answer to a suggestion that the report in question was not related or relevant to the case at hand. The investigator had agreed but then Haider Ali had said, "There is a gulf of difference between being related and being relevant."
The investigator duly changed his answer at the cue and Mizanul Islam threw up his hands saying, "I am helpless."
Haider Ali said the defence was misleading his witness suggesting that he was merely pointing that out and not prompting answers.
The day had begun with the defence team petitioning the court to recall three prosecution witnesses. When asked who would bear the cost, the senior defence counsel said the accused would be willing to bear the cost.
Prosecutor Haider Ali said the defence had conducted exhaustive cross-examination of all the three witnesses suggesting that there was hardly any ground to recall those witnesses.
First case to trial
Sayedee's is the first case to proceed to the trial stage at ICT-1. The prosecution on Sept 4 last year proposed framing of charges against him on 31 counts of crimes against humanity and genocide.
The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15 and he was indicted on May 13.
Jamaat chief Nizami, Secretary General Ali Ahsan Mohammad Mujaheed and Assistant Secretaries General Mohammad Kamaruzzaman and Abdul Quader Molla have been detained on war crimes charges.
BNP MP and standing committee member, Salauddin Quader Chowdhury, also behind bars, has been indicted for 23 charges on Apr 4.
Former BNP lawmaker and minister Abdul Alim is the only one out on bail. With formal charges pressed against him, Alim saw his defence place his discharge petition on Monday. Further arguments followed on Wednesday. The hearing has been adjourned till May 14.
Jamaat-e-Islami executive council member Delwar Hossain Sayedee's investigator had submitted a news report published in Bengali daily, Janakantha, on Feb 13, 2002 as proof of alleged war crimes for which this Jamaat leader has been indicted by the International Crimes Tribunal–1.
The report's title cited Sayedee saying that the war against US would continue although the Taleban had been eliminated.
The judge wondered aloud how such exhibits were relevant to the case to which prosecutor Syed Haider Ali said, "This is not the time to establish this relevance. I will do that at the time of arguments. Not now."
However, faced with questions from the defence, ASP Mohammad Helal Uddin had admitted that the article had no relevance with the allegations against Sayedee.
When asked why he had submitted that article as an exhibit, the investigator said this was only one instance that showed Sayedee had contacts with the former Jamaat chief Ghulam Azam and others and acted in the same line.
Helal Uddin agreed to a suggestion that the news item did not have anything related to Ghulam Azam or the Jamaat leadership. The investigator also admitted that report did not have Sayedee's quote as suggested by the heading during cross-examination.
Defence counsel Mizanul Islam had already established that the investigation officer had not really analysed the content of the report before submitting it as an exhibit.
The investigator had gave his standard reply, "I don't have it on my records," when Mizanul Islam suggested that US had given its support to Pakistan during the Liberation War.
The defence counsel then said, "But other exhibits you submitted clearly point to US role during the war and you are concealing the fact knowing the answer full well."
The investigator denied.
Mizanul Islam then asked whether the US had moved a proposal for ceasefire in what was being called the 'Indo-Pak' War in the final days of the Liberation War at the UN Security Council to prevent formation of Bangladesh and protect Pakistan.
Prosecutor Syed Haider Ali reminded the tribunal that there should not be any such questions that might affect Bangladesh's foreign interests.
This is when the judge expressed his disappointment with the evidence. Judge Zaheer Ahmed went on to say that it was not only the tribunal's responsibility to ensure that Bangladesh's foreign interests were not hurt but also the it was duty of the prosecution.
"Why didn't you think over the matter when you submitted the evidence? You cannot keep the defence from its rightful cross-examination?"
Syed Haider Ali had a hard time explaining his position to the judge. "I am not saying that the defence will not cross-examine. All I am saying is that the tribunal will ensure there is no such matter in the proceedings that might hurt national interests."
Judge Zaheer Ahmed said, "But this is a matter of historical record, why would this hurt national interests?"
The prosecutor replied, "I am not saying that it will either. All I am saying is that there should not be any such content."
The tribunal chairman Justice Mohammad Nizamul Huq took the suggestion well and agreed with the prosecutor. "However, I should say we have nothing of the sort so far."
But Judge Zaheer Ahmed did not let it go. He told the prosecutor, "The prosecution should have pondered over the matter beforehand because the defence has the right to cross examine. You cannot suggest how the tribunal conducts itself."
Mizanul Islam clarified that he would not ask any such questions. He said he hoped that the tribunal's decision in this regard would not prejudice the defence.
He continued to dwell upon the UN Security Council proposal, which had been shot down due to a veto of the Soviet Union.
When asked whether Zulfikar Ali Bhutto had come to visit Bangladesh during Sheikh Mujibur Rahman's lifetime, the investigator said he did not know.
It was at this point that judge Zaheer Ahmed had another spat with prosecutor Haider Ali.
The judge had said regarding Bhutto, "And the prosecution has submitted evidence with Bhutto's heroics at the UN tearing up papers of the resolution making us watch him to be a hero. It is unfortunate that we had to watch this sitting at this tribunal adjudicating such a case."
Haider Ali stood up to defend his case and his voice rose with every reply as he told the judge that he did not think it was appropriate for him to question the evidence at this point of trial.
Mizanul Islam continued with his cross-examination on another exhibit, which was also a newspaper report. He expressed his 'helplessness' exasperated by prosecutor Haider Ali prompting answers to the investigation officer.
Helal Uddin had changed his answer to a suggestion that the report in question was not related or relevant to the case at hand. The investigator had agreed but then Haider Ali had said, "There is a gulf of difference between being related and being relevant."
The investigator duly changed his answer at the cue and Mizanul Islam threw up his hands saying, "I am helpless."
Haider Ali said the defence was misleading his witness suggesting that he was merely pointing that out and not prompting answers.
The day had begun with the defence team petitioning the court to recall three prosecution witnesses. When asked who would bear the cost, the senior defence counsel said the accused would be willing to bear the cost.
Prosecutor Haider Ali said the defence had conducted exhaustive cross-examination of all the three witnesses suggesting that there was hardly any ground to recall those witnesses.
First case to trial
Sayedee's is the first case to proceed to the trial stage at ICT-1. The prosecution on Sept 4 last year proposed framing of charges against him on 31 counts of crimes against humanity and genocide.
The tribunal also sent Jamaat's former chief Ghulam Azam to jail on Jan 11. His indictment hearing began on Feb 15 and he was indicted on May 13.
Jamaat chief Nizami, Secretary General Ali Ahsan Mohammad Mujaheed and Assistant Secretaries General Mohammad Kamaruzzaman and Abdul Quader Molla have been detained on war crimes charges.
BNP MP and standing committee member, Salauddin Quader Chowdhury, also behind bars, has been indicted for 23 charges on Apr 4.
Former BNP lawmaker and minister Abdul Alim is the only one out on bail. With formal charges pressed against him, Alim saw his defence place his discharge petition on Monday. Further arguments followed on Wednesday. The hearing has been adjourned till May 14.
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