31 Jan 2012: Twenty third witness day 1

At the beginning of the hearing, Justice Nizamul Huq asked the prosecutor to submit the charge documents relating to Ali Ahsan Muahid before the Tribunal but the prosecutor failed to submit them and they said to the Tribunal that they will submit them by 3 pm.

Cognisance order relating to Kamruzzaman
Justice Nizamul Huq passed the following order:

'After examining investigating report, witness statement and prosecution charges, prima facie case has been established against Kamaruzzam under section 3 (2) and 4 (1), 4 (2) of The International Crimes (Tribunals) Act, 1973. The prosecutor is directed to submit documents against Kamaruzzan by 6th February and the defence is directed to receive those documents by 7th February. Charge hearing will be started on 29th February.'

Sayedee witness number 23
The twenty third witness giving evidence against Delwar Hossain Sayedee came to give evidence and the prosecutor Rana Das Gupta started the evidence in chief:

Prosecutor: What is your name?

Witness: My name is Madhusudhan Ghorami.

Prosecutor: How old are you?

Witness: I am about 81 years old.

Prosecutor: Can you tell us, what happened in 1971 in this country? Do you know about Liberation War?

Witness: Yes, I know.

Prosecutor: What did you do then?

Witness: I was a Carpenter.

Prosecutor: How old were you then?

Witness: I was about 38 years old.

Prosecutor: How old were you when your father died?

Witness: I was only 2 and half.

Prosecutor: At the time when your father expired, how many family members he left then?

Witness: My two elder sisters, one brother and my mother.

Prosecutor: What are the names of your sister?

Witness: Shushila and Golapi.

Prosecutor: What is your brother’s name?

Witness: Nikunjan.

At this point of examination in chief, suddenly Modhusudan Ghorami was feeling unwell and Judges as well as the defence said that it will be inhumane his testimony continued. Modhusudan Ghorami’s physical condition was so bad that he could not even held his head up straight.

Then it was discussed among the Judges, prosecutor and the defence that testimony could be taken even outside the court room in the presence of only one prosecutor, one of defence counsels and one of the tribunal members, however, defence counsel Tajul Islam came to the dais and suggested that testimony shall be taken in the court room publicly under ‘special arrangement’, for example, there may have a sick bad or a easy-chair and in the presence of the concerned doctor.

The Tribunal agreed with his suggestion and asked the prosecutor to produce their witness No. 23 Modhushudan Ghorami on the following day i.e. on Wednesday and, Justice Nizamul Huq adjourned the court by saying that “The court is adjourned upon an prayer from the learned prosecution and with full consent of defence counsels since witness 23 is unable to give his testimony because of his sickness.”