Monday, July 2, 2012

18 Mar 2012: Sayedee investigation officer

After lunch, and following proceedings relating to Kamruzzaman in the morning, the tribunal was due to hear a witness relating to Sayedee.

The chairman asked the prosecutor Haider Ali, what the prosecution plans to do now.

Ali said that they would like to produce the investigation officer for recording his evidence.

The chairman said, would you like to close your case?

Ali said, no. Since the officer is available now, we would like to produce him now.

The chairman said that after the examination of investigation officer, the tribunal cannot allow the defense to produce another general witness. The investigation officer must be the last witness.

Haider Ali responded that in the modern Trial system there is no rule that the investigation officer must be the last witness. In Ershad’s case the investigation officer was examined before General witnesses. So there is no bar if we take his evidence first. We can show a lot of cases where the investigation officer was the first witness.

The chairman said the Mr. Ershad’s case was an arms case. It is quite different from this one.

Haider Ali said, that whatever the difference, the tribunal should not close the case as they will try to produce other witnesses.

Justice ATM Fazle Kabir then said to the prosecution and defense lawyers that they will need to take time to be prepare themselves for the investigation officer examination in chief. 'You need to keep all your documents and materials chronologically to help the Tribunal,' he said

Haider Ali said that the prosecution will provide two types of documents. 1) seized Articles 2) documents collected during Investigation, and that both types are ready

Mizanul Islam then spoke to the tribunal.  He said that with due respect to Mr. Prosecutor, as far as I know only in one case has the investigation officer been allowed to give evidence before general witnesses as he was about to leave the country; that there was no other example in mordern times where the investigation officer was examined before general witnesses.  He said that when the defense cross examines the investigation officer we will disclose our defense case fully which will allow the prosecution to bring other general witnesses to fill up the gaps.

The chairman said that if the investigation officer is examined before a general witness then he may need to be called again. He said that he agreed with Islam in suggesting that if the prosecutions brings a witness after examination of investigation officer it will be inconvenient for you.
He then asked the Prosecutor please to submit an application stating in detail what you intend to do and then we will pass necessary Order.

Haider Ali then said that the investigation officer is always available in the Tribunal so the defence may call him when necessary. It does not matter whether he gives evidence before a general witness.

He also said that the defense have still not let us know which witness will talk about which Count. They did not give us full name of the witness. Please Order them to specify.

 Tribunal passed an Order (summary)
'Today was fixed for recording evidence. The accused has been produced in the Tribunal today. The Investigation Officer was produced today to record his evidence. Mr. Haider Ali submitted not to close his case at this stage; they are producing IO as he is available now.

Mr. Mizanul Islam seriously opposed this and submitted that if further general witness is examined after investigation officer then the Accused will be seriously Prejudiced.

The Tribunal sough an application from the Prosecution stating what they are going to do in this case.

We have heard both the parties and given our anxious thought on the matter. We are of the view that the prosecution should file an application before producing the investigation officer. Adjourned to 20/03/2012 for Prosecution Witness.
After this the hearing relating to Kamruzzaman continued

No comments:

Post a Comment