Monday, July 2, 2012

7 Mar 2012: Sayedee witness delay

The prosecution was scheduled to produce in the tribunal the 28th witness against Delwar Hossain Sayedee - as ordered by the tribunal on February 23rd. [On February 2, the proceeding against Sayedee had to be adjourned as the prosecution claimed that three witnesses, asking to visit their relatives, had left the prosecution's custody and did not return.]

When the proceedings began prosecutor Mukhlesur Rahman Badal told the judges that he had something unpleasant to say– that a witness was supposed to appear before the court but could not due to illness and sought an adjournment till March 10.

Justice ATM Fazle Kabir said that the prosecution should close their deposition of witnesses if they could not produce any witnesses.

The chairman asked, when was the last time you brought a witness? It was on 20th February 2012. After that the prosecution has failed to bring any new witness.

The prosecution lawyer said that they were trying their best. But it is very difficult to bring witnesses.

The tribunal asked when the prosecution can bring the next witness who replied that it would be after 10th March.

When the tribunal asked for a confirmed date, the lawyer said that they will be able to say after 10 March when the Investigation Officer returns to Dhaka as he has gone out to collect witnesses.

The chairman said to the prosecutor that one, two or three similar prayers relating to one ground may be acceptable but your repeated failure is making us angry. We will pass a written order.

The chairman passed the following order (summary):
"Today is fixed for examination of prosecution witness. The Accused Delwar Hossain Sayedee has been produced by the prison authority. The learned prosecutor Mr. Mokhlesur Rahman Badol, appearing for the Prosecution submits that they need adjournment since they could not bring witness for today. This has become a regular phenomenon and regularly they have been praying for adjournment on same ground. 27 prosecution witnesses have been examined. Since then 15 days have passed and the prosecution cannot bring any witness.

We are allowing adjournment of the case for today as final chance. 18th March 2012 is the next day of the case for recording of evidence of prosecution witnesses. The prosecution will have to produce witness on that day, otherwise we will pass appropriate order."
The chairman then told the prosecution that they should understand what is meaning of ‘appropriate order’. It is that the tribunal may order the closing of the prosecution case.

After this the tribunal heard the charge framing application relating to Mollah which can be read here

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