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Sunday, July 31, 2011

11 Jul 2011: Formal charges against Sayedee

The hearing started with the tribunal chair saying that they would not hear the bail petition relating to Delwar Hossain Sayedee that day.

The chief prosecutor then stood up and said that this was the date fixed for the submission of the formal charge. At the previous hearing on 31 May relating to Sayedee, the investigation agency presented to the prosecution its final report, and the tribunal fixed this day for the prosecution to present its formal charges, if at all.

‘Now that the investigation agency has submitted its report was have submitted the formal charge, It is detailed in the petition as to what the offences are involved and how the accused is implicated in the case,' he said

The tribunal chair then passed an order:
‘Today is fixed for the submission of formal charges. The prosecution has submitted formal charges before the registrar which have been presented before us. Let the date of 14/7/2011 be set for hearing of cognisance. Application for bail has been submitted paying for bail of accused Sayedee, which has also been perused by us. Let that also be heard on 14 July 2011.’

Sayedee's defence lawyer, Tanvir Ahmed Al Amin, then stood up and said that three days was not sufficient for the the defence to reply.

There was then an exchange between the defence and the tribunal about whether they had a right to a copy of the charges at this stage and also whether they had a right to argue before the tribunal before he made his decision on whether the tribunal should take cognisance of the charge.

The tribunal chair was arguing that there was a difference between taking cognisance of the charges and the framing of the charges, and that after cognisance was taken by the tribunal the defence would get a copy of the formal charges, and at the time of framing of the charges the defence would be able to make an application to the tribunal.

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