Tuesday, July 3, 2012

9 May 2012: Sayedee IO cross exam day 5

The cross examination by the defence lawyer, Md Mizanul Islam of Md. Helal Uddin, the Investigation Officer into the Sayedee case continued (see previous hearing)
Defence: We need the clear photos of display-4 which has been produced before the tribunal.

Justice Nizamul Huq: We have also received the photocopy Mr. Islam.

Defence: You have presented the historical speech of Bangabandhu Sheikh Mujibur Rahman as the material display-vii. Right?

Witness: Yes.

Defence: From where you have collected the CD?

Witness: Bangladesh Film Archive under Information Ministry. And the speech has been affixed at the 5th schedule of the Constitution of Bangladesh.

Defence: Whether the CD is main version or the edited copy of the speech do you know?

Witness: I’m ignorant about that.

Defence: Your Lordship may kindly direct to show the material exhibit-VII before the tribunal, as I found the contradiction with the oral speech (Speech on the Video CD provided by the film archive) and the written speech (as provided with the Constitution) of Bangabandhu Sheikh Mujibur Rahman which was given on 7th March.
[The show of the video CD of the speech of Bangabandhu was started. At the same time Mr. Mizanul Islam asked to stop the CD line by line and provided the points which were missing there from the lines of the Constitutions. Meanwhile, Mr. Zead Al Malum (Prosecutor) stated that this was not the time to raise any question about this topic. Mr. Mizanul Islam replied that- it is solely our matter to deal with. Afterwards Mr. Islam seeks the permission to mention the areas which have been there in the VDO CD but which are absent in the Constitution. He has stated that though the name of the district Dhaka, Chittagong, Khulna have been provided in the Video CD but the name Khulna is missing in the Constitution which is the Supreme law of the Country. Afterwards he has mentioned some other points. He has urged that the speech of Bangabandhu Sheikh Mujibur Rahman which has been provided in the 5th Schedule of the Constitution does not match with the material exhibit- VII and there are dissimilarities among the Constitution and the content of the material exhibit- VII.]

The court was adjourned until the afternoon.

Defence: My lord, I want to tell you about those 14 books which are not provided to us.

Haider Ali: We were trying to collect those books but now we are not trying

Justice Nizam: Haider Ali, please try to give those books. You should stick to your word.
Defence: Exhibit no.8, there is NBC and CBS. Do you know the full meaning of NBS and CBS?

Witness: No, I do not know.
Haider Ali (prosecution): My lord, he said “it is not in my record”. He did not say “I do not know”

Justice Nizam: It is not in his record means he does not know the matter. For the sake of record we write it down as “I do not know”

Justice Anwarul Huq Chowdhury: Okay, then write it as “I do not know the matter as it is not in my record”
Defence: Is there in any office of NBC in Dhaka?

Witness: I do not know

Defence: That means you do not know whether there is any existence of NBC T.V channel or not?

Witness: No, It is not true.

Defence: You do not collect this video clip from any authority of NBC.

Witness: I do not collect it directly. I have collected it through the ministry of foreign affairs.

Defence: How can you know that in foreign ministry there is video clip of NBC?

Witness: Letter has been sent from the investigation agency to get information whether any news regarding murder, torture, rape or crime against humanity in 1971 has been telecasted in any national and international, government and non-government T.V channel or not. Then foreign ministry has sent this CD to the investigation agency.

Defence: When did you send the letter to the foreign ministry?

Witness: I do not know.

Defence: I think he never write any letter to the foreign ministry.

Justice Nassim: But Mr. Islam there is reference to foreign ministry.

Defence: It might be done for another case, but not for this case.

Defence: When did the investigation agency get this report?

Witness: On 13 July, 2011.

Defence: When did you get this under your custody?

Witness: On 13 July, 2011.

Defence: Did you submit any note, regarding which you have copied, before the Tribunal?
Witness: No.

Defence: You are giving false information regarding this reference.

Witness: It is not true.

Defence: Do you know when, from whom and how the Bangladesh Foreign ministry have collected this CD?

Witness: I do not know.

Defence: Have you justified whether the CD is the genuine or not?

Witness: In this video clips, there is writing indication that it is from the NBC.

Defence: In which date it is telecasted?

Witness: I cannot remember at this time but it is mentioned in the video clips.

Defence: My lord, then please show the video clip.
Haider Ali: My lord, I do not know why it is necessary to show it now. This copy has been supplied to the Tribunal as well as defence counsels also.

Justice Nassim: Learned prosecution, what is your problem if it is shown. Since the document has been exhibited by you so defence has the right to show the documents.

From the clips it is shown that the date is on 1 July, 1972

Defence: In this video clips (Included in NBC report) there is a video footage of Matiur Rahman Nizami as Ameer.

Justice Zaheer: You are defending Delwar Hossain Sayedee then why you talking about Matiur Rahman Nizami?

Defence: I want to prove it that prosecution submitting false evidence because Matiur Rahman Nizami was not Ameer of Jammat Islam at that time.

Witness: Video footage of Matiur Rahman Nizami is not the part of NBC and CBS report. It is only included in the CD.
Defence: Who included the speech of Matiur Rahman Nizami at middle part of the NBC news?

Witness: I do not know.
Justice Zaheer: Learned defence I.T has said it is not CD rather a movie file.

Miznul Islam: Okay, my lord, Movie file. There are some comments on movie file of the Matiur Rahman Nizami. Such as “This man and his party killed millions in 1971” Yet they do not repent and they killed our best children, our poets, our singers and also our artists and also our actors and our teachers” Do not you want to punish them? They were the child of yours!
Defence: Picture and speech of the Matiur Rahman Nizami is very much recent? Is not it?

Witness: I do not know.

Defence: There is a logo named as “FLT” in this movie file.

Witness: Whether it is logo or not, I do not know. There is a sign only.

Defence: Do you know what sign it is?

Witness: I do not know.

Defence: Do you communicate with the reporter of the CBS news?

Witness: No.

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