Tuesday, July 3, 2012

9 Apr 2012: Sayedee investigation officer day 2

The morning was supposed to continue with the examination in chief of the investigation office, but prosecutor Mohammad Ali asked that the case be taken up at 2pm as some documents which the investigation officer needs will be brought by then

The Chairman said that the tribunal was dissatisfied with the delay

The chief prosecutor then asked for the matter to be delayed as the concerned prosecutor Haider Ali was also not ready.

Farid Uddin Khan, the lawyer for Kader Molla’s then asked that the charge framing matter relating to his client be delayed as the senior defence counsel Mr. Abdur Razzaq was outside country. He said that he was returning tonight and can argue on the charge matter tomorrow.

The chairman said that if the items are adjourned then what we will do for the first half of the day? What signal is this giving to the people? He then asked Mixanul Islam the defence counsel what they should do?

Mizanul Islam said that he did not want to comment on the prosecution issues, tut that regarding Abdur Razzaq he wanted to say that the he did inform the tribunal before he left that he would not be available before 10th April

Adjournment till 2pm

Examination in chief of the Investigation Officer in the Sayedee case continued (from previous day)
Witness: He said that he analysed the history of Bangladesh from 1947 to 1971; observed the written books and journal written upon Liberation war; investigate all newspaper, documentary, Audio and video cassette before and after liberation war; describe offences of the Pakistan Army and auxiliary force; collect all documents related to the war crime.

During the investigation after compiling all documents like seizure list, newspapers, sketch map, governments documents, index submit to the Tribunal through the Chief prosecutor named as original documents.
Haider Ali, the prosecutor said that the tribunal had heard the primary part of the investigation officer's statement. Now I will exhibit the prosecution documents.

The chairman asked whether they wanted exhibit all the documents one by one?

The prosecutor said, we can exhibit all the documents or alternatively we can exhibit the CD that contain all the documents. This will save time.

Judge Anwarul Haq said that the prosecution should exhibit the documents one by one, so that every document should contain a separate exhibit number and the exhibit numbers will be used in our judgment.
Witness: My lord, here is the Sketch map I have prepared and it is the signature of mine. There is the sketch map of Parer haat bandor, Rickshaw stand of parerhaat along with surroundings area of Parer haat. Then I have prepared an index and it is the sign of me.

I have also prepared a sketch map of the House of Mahbubul Alam village Tenrakhali, Thana: Indurkani, District: Pirojpur. Then I have prepared an index and it is the sign of me.
I have prepared a sketch map identifying the house of Selim khan and Manik poshari and killing place of Ibrahim alias Kutti at pakhuria and pukuria village, Indurkani thana and Pirojpur district. Then I have prepared a index and it is the signature of mine.

On 18th August 2010 at 11pm I have collected forty years antique burnt Tin from the house of Almgir Poshari at chitholia village in Pirojpur thana and district. Then I have seized these as an evidence and taken statement of the witness.

On 18th August 2010, at 11pm I have collected forty years antique burnt Tin from the house of Manik Poshari at chitholia village in Pirojpur thana and district. There are fourteen or fifteen slit on the whole piece of tin. Then I have seized these as evidence and taken statement of the witness.
Defence: There is 6 parts of the tin not 4 parts which you have said.

Justice Nizam: You have seized 4 parts of TIN but after breaking down now it is 6 parts. Is that not correct?
Witness: Yes. My lord, I have produced this materials before the Tribunal from my custody after taking this from the witness no.1 Mahbubul Alam.

On 28th Auguist 2009, I have also seized the newspaper on Bhorer Kagoj dated on 4.11.2007 where it was published that Delwar Hossain Saydee was involved in killing, looting, arson, rape and torture. After sizing this newspaper I have given it under the custody of Rabiul Anam.

Then I have sized the newspaper Daily shomokal dated on 10th February 2007 where it was published that “leader of Jamaat are out of reach”. After sizing this newspaper I have given it under the custody of Rabiul Anam.

Now I am submitting the original copy the newspaper before the Tribunal.
Then the court is adjourned.







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