War Crimes Trial
No mala fide intention against Sayedee
Prosecution tells tribunal
The prosecution yesterday refuted the defence's claim that the war crimes case against Jamaat-e-Islami leader Delawar Hossain Sayedee was filed with mala fide intention.
Prosecutor Syed Haidar Ali told the International Crimes Tribunal-1 that there was no mala fide intention because Sayedee was facing charges, which are triable under International Crimes (Tribunal) Act 1973.
The tribunal yesterday closed the argument of the defence counsels, as no-one of them did appear in court and asked the prosecution to place its counter arguments.
Justice Md Nizamul Huq, head of the three-member tribunal, said the defence argument was closed and prosecution would give reply on legal points.
However, after completion of the prosecution's counter arguments, the defence could submit its prayer, which might be considered at that time, he said.
Yesterday was fixed for Sayedee's counsels to place their arguments but none of them showed up. Sayedee, however, attended the proceedings.
Finding no defence counsel at the courtroom, Nizamul Huq said the tribunal would now hear the counter arguments of the prosecution.
Sayedee told the tribunal that his counsels failed to appear in court amid Hartal as they did not have any protection and requested adjournment of the day's proceedings.
Pointing to the people present at the tribunal, Nizamul Huq said many of them did not have protection either.
Sayedee then requested the tribunal chief to send him back to jail, saying that he had no knowledge on legal matters and no counsels at that time. The tribunal, however, rejected his plea and asked for prosecution's counter arguments.
Meanwhile, Prosecutor Haidar Ali yesterday reiterated that the prosecution witnesses were intimidated by the defence and it was proved by Ganesh Chandra Saha, who gave a statement to the investigator of the case as a prosecution witness but later appeared in the tribunal as a defence witness.
Justice Nizamul Huq then asked the prosecutor if Ganesh's statement to the investigation officer bore any value after he gave his deposition in favour of Sayedee. The tribunal also asked for satisfactory arguments from the prosecution.
Haidar Ali then replied that the statement had value because it was a document. He also said the statement could be of help to both the defence and the prosecution.
On a different note, the tribunal chief told the prosecutor at the last moment of yesterday's second session that he would not get any benefit from the failures of the defence witnesses. Rather he has to prove the authenticity of the testimony of the prosecution witnesses, he said.
Haidar Ali will give his reply today.
The proceeding of the case was adjourned until today.
Sayedee, a top leader of religion-based political party Bangladesh Jamaat-e-Islami, is facing 20 specific charges of crimes against humanity he allegedly committed during the country's Liberation War in 1971.
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