10-truck Arms Haul Cases
Debate over PW statements
Prosecution and defence lawyers in the sensational 10-truck arms haul cases yesterday got involved in a heated debate over contradictions in two statements by a prosecution witness.
At one stage of the cross-examination of former metropolitan magistrate of Chittagong Mohammad Mahbubur Rahman, Chittagong Metropolitan Special Tribunal-1 ruled that the court would not record any question put by the defence lawyer which is against the law.
Abdus Sobhan Tarafder, defence lawyer of former state minister for home Lutfozzaman Babar, later submitted an application to the court requesting it to record the questions he asked Mahbubur during the cross-examination. Tribunal Judge SM Mojibur Rahman said he would later issue an order on the application.
Defence lawyers of three accused Babar, former industries minister Motiur Rahman Nizami, and former director of National Security Intelligence Major (retd) Liakat Hossain cross-examined Mahbubur. The cross-examination of the prosecution witness ended yesterday.
During the cross-examination, advocate Tarafder said sergeant Md Alauddin, former officer-in-charge of Bandar Police Outpost, in his deposition as a prosecution witness before this court last year told that he was tortured by Rapid Action Battalion (Rab).The lawyer asked former metropolitan magistrate Mahbubur whether Alauddin had told about such an incident in his another statement he made before Mahbubur on May 2, 2011 under Section 164.
Appearing for the state, Public Prosecutor Kamal Uddin interrupted the defence lawyer arguing that he could not ask the former magistrate about the content of Alauddin's statement since the magistrate was only the recording officer and not the maker of that statement.
Major (retd) Liakat's lawyer Kamrul Islam Sajjad asked Mahbubur whether he ascertained that sergeant Alauddin made his statement under any pressure from police. In reply, Mahbubur said according to the law he does not need to ask such a question to any witness who give statement.
On April 2, 2004, around 1,500 wooden boxes containing arms and ammunition were seized from two vessels at the jetty of Chittagong Urea Fertiliser Limited.
Two cases were filed the next day with Karnaphuli Police Station in this connection and the trial began on November 29, 2011.
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