War Crimes Trial
Inclusion of addl charge against Mojaheed argued
The prosecution in the crimes against humanity case against Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed yesterday placed arguments supporting two petitions -- one for an additional charge and the other for an additional witness -- before the International Crimes Tribunal-2.
On the additional witness, Prosecutor Muklesur Rahman Badal told the tribunal the prosecution has filed the petition under section 9 (4) of the International Crimes (Tribunals) Act, 1973.
Section 9 (4) of the Act says, "The submission of a list of witnesses and documents under sub-section (3) shall not preclude the prosecution from calling, with the permission of the Tribunal, additional witnesses or tendering any further evidence at any stage of the trial."
When tribunal Chairman Justice ATM Fazle Kabir enquired about the reasons behind the delay, Badal said the investigation officer could not find the witness during his previous investigation.
When the IO went to Faridpur for further investigation recently, he found the witness, who gave his consent to give statement in the case, Badal added.
On the other petition, he said following further investigation, the IO found Mojaheed's involvement in an incident of "genocide" at Faridpur during the Liberation War. The prosecution submitted the petition under section 9 (4) of the Act as well as section 46 A of the tribunal's rules of procedure to bring an additional charge against the Jamaat secretary general.
Section 46 A of rules of procedure says, "Nothing in this rules shall be deemed to limit or otherwise affect the inherent power of the tribunal to make charge order as may be necessary to meet the ends of justice or to prevent abuse of the process."
Badal said they have also placed statement of seven witnesses and other documents related to the incident along with the petition.
When the chairman asked the prosecutor whether the petition could be filed under Section 9 (4) of the Act, he said the tribunal might consider the petition under Rule 46 A too.
The chairman asked the prosecutor whether they could give any instances from other international war crimes tribunals where the prosecution were allowed to bring additional charges at this stage [charge hearing].
Badal said he might give instances later but not at this moment.
The three-member International Crimes Tribunal-2 headed by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge M Shahinur Islam adjourned the hearing until June 5 following a time petition of the defence.
Mojaheed, who is facing 32 charges of crimes against humanity committed during the Liberation War in 1971, was produced at the dock yesterday.
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