Thursday, July 5, 2012

7 May 2012: Sayedee IO cross exam day 3

For those looking at the blog in date order, please note that this post is out out sequence. Apologies.

In the afternoon, following the hearing relating to Chowdhury, the tribunal then continued with the Sayedee defense lawyer Mizanul Islam cross examining the investigation officer.

Prior to that starting the defense lawyers submitted two application (unclear what they were) and the chairman said that 'these two applications will be considered at the time of Order. Therefore, it has to be kept in record for consideration.'

The defense then stated that it cannot be considered at the time of Order and the chairman said that they will consider it later on. 

The cross examination continued following on from the previous day
Defence: A.I.G of headquarters, A.I.G training, A.I.G finance, D.I.G. These are post in police administration. Is not it?

Witness: Yes.

Defence: D.I.G Crime is one of the posts of Police headquarters? Is not it?

Witness: Yes.

Defence: Did you want to get information from the concerned authority?

Witness: Yes, I want this information from the Police Super Pirojpur, D.C Motijheel, D.M.P Dhaka, D.C.D.B Dhaka, S.S Metro C.I.D Bangladesh, S.S.C.T- S.B Bangladesh.

Defence: For the purpose of investigation, did you want to know information regarding Delwar Hossain Saydee’s address, name, age, fathers name etc?

Witness: Yes.

Defence: When did you get the report of Police Super, Pirojpur?

Witness: On 21 April, 2011.

Defence: When you did get the report of D.C, Motijheel, D.M.P (Dhaka metropolitan police)?

Witness: On 8 May, 2011.

Defence: When did you get the report of D.C.D.B, Dhaka metropolitan police?

Witness: On 20 April, 2011.

Defence: When did you get the report of Assess metro C.I.D?

Witness: On 11 May 2011.

Defence: When did you get the report of S.S.C.T and S.B?

Witness: 11 May, 2011.

Defence: Did you know the name of those persons who worked at field level to make this report with that person who forwarded this document to you?

Witness: No, only the official post of those persons has been mentioned.

Defence: Who sent the report of Rajshahi Matihaar thana ?

Witness: Rajshahi Motihaar thana case no.20 dated 25.05.2009, section 147/149/253/332/427 penal code-1860, has been informed from the additional D.I.G, Special Branch, Dhaka, Bangladesh.

Defence: Would you please tell us whether those Persons who worked at field level are witnesses of this case or not?

Witness: They are not witness of the case.

Defence: As you have said, from 17 cases only 2 cases are related to war crime and 15 cases are not related to the crimes against humanity. My question is how can you say without investigation that these are not related to the crime against humanity?

Witness: Because, left 15 cases are not sent to the case dock. That is why I assumed that these 15 cases are not related to the crime against humanity. Only 2 cases are in the case dock.

Defence: Have you submitted volume no.11, 12, 13, and 14 to the chief prosecutor for producing these before the Tribunal?

Witness: Yes. I have given it to the Chief prosecutor only. It is unknown to me whether these are produced before the Tribunal or not.

Defence: Page no. 2750 to 3042, total 314 pages. Volume 12- pages no. 3043 to 3341, pages no. 3342 to 3705. Volume 14- pages no. 3706 to 4002.  My question is, do you know only 397 pages have been supplied to the defence whereas 1268 pages have been submitted before the Tribunal from the volume no 1, 2, 3, 4?

Witness: No, I do not know.

Defence: You are hiding the truth knowing the facts.

Witness: No, I do not know.

Defence: Did you rely upon the books “Associates of Pakistan Army-1971” written by Shamsul Arefin during investigation?

Witness: Yes, I have analysed this book.

Defence: Did you rely upon the books ‘Documents of liberation war of Bangladesh” published by foreign ministry of Bangladesh and collected from the Los Angeles, U.S.A?

Witness: No.

Then Mizanul Islam said, my lord there are names of some books which are stated at examination in chief but not included at the list of books.

Defence: In your statement, you have mentioned total 14 books on Liberation War including the books of “ witness to surrender” written by Siddiq Salek, “Muktizuddher Surrender” written by Zafar Iqbal, “Associates of Pakistan Army-1971” written by Shamsul Arefin but all these books are not submitted to the Tribunal.

Investigation officer: I have submitted them to the chief Prosecutor.

Defence: Have you any idea regarding the formal charge?

Investigation officer: Yes.

Defence: Do you know there is not a single comment on these 14 books in this formal charge?

Investigation officer: I do not know.

Defence: Do you know who is the domain hosting of this website named as http//warcriminalbd.org/list/razakaars-of-dhaka-division.

Investigation officer: I do not know.

Defence: When this website was opened?

Investigation officer: I do not know.

Defence: When it is updated?

Investigation officer: I do not know?

Defence: Do you know expiry date of this website?

Investigation officer: No, I do not know.

Defence: Who are involved with the administration of the website?

Investigation officer: I do not know.

Defence: which country it belongs?

Investigation officer: I do not know. 
Then the court was adjourned
 

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