Thursday, November 22, 2012

17 Oct 2012: Sayedee 13th witness cross exam

After the testimony of the previous witness, tt the opening of the second session defense witness Abdus Salam Hawlader was supposed to be examined by the prosecution, but defense lawyer Mr. Mizanul Islam said that the witness was sick and taking rest in the defence room. But the Tribunal asked that he be presented in the court. The witness was then brought up, and when in the witness box he was coughing loudly. The defense counsel said that he was vomiting at lunch time. Then the chief of the Tribunal asked him whether they give him saline or any medicine. The counsels said that they had not. Then the chairman asked the witness that, whether he could depose here now? The witness refused. Then he left.

After he left, the chairman said addressing the defence lawyer that the tribunal has knowledge of everything that is happening in this Tribunal. ‘We didn’t get any news of the sickness at lunch period of your witness. We didn’t think that your witness was that much unable to depose here,’ he said. After some altercation the Tribunal said that this witness would be produced within the period of time of examining rest of the witnesses. Otherwise he will be refused.

Then the next item Masud bin Saydee was called for cross examination (his previous evidence is here)
Prosecution: How many brothers and sisters do you have?

Witness: I have 4 brothers and no sister but one brother had died.

Prosecution: Where did they study?

Witness: My elder brother completed his Masters from Jagannath University (can’t remember the year). I have done my Graduation from Titumir College and then did an MBA from Laghuria, New York. And my younger brother after passing his HSC examination from Government Science College did Masters in Economics from London (can’t remember the name of the university).

Prosecution: What are the professions of your brothers including you?

Witness: My elder brother has Travel Agency business, I have Real Estate business and my younger brother does a job in a private firm in London.

Prosecution: What is the name of your great grandfather?

Witness: Golam Rahman Sayedee.

Prosecution: How many land property do you have in your village?

Witness: I don’t know.

Prosecution: Do you have any Mouza named Saud khali?

Witness: May be, I don’t know.

Prosecution: Has your father written any books?

Witness: Yes, he has 72 books.

Prosecution: What is the profession of your father?

Witness: He is a writer.

Prosecution: Did he have any other profession except writing?

Witness: No, he hadn’t.

Prosecution: You said that Setara Begum gave you Annexure- A?

Witness: Not to me, she gave it to my late elder brother.

Prosecution: When did your brother die?

Witness: In 13th June, 2012.

Prosecution: Did your brother tell you anything about Setara Begum? How did he collect that certified copy?

Witness: No, he didn’t. But maybe he collected it from Momtaz (plaintiff of that case) who also collected it from her mother.

Prosecution: How many days Setara Begum kept the copy?

Witness: I don’t know.

Prosecution: After collecting that copy how many days Momtaz kept the copy to herself?

Witness: I don’t know as well.

Prosecution: By whom and who collected exhibit- A?

Witness: I don’t know that.

Prosecution: Look at exhibit- A (Prosecution lawyer Abdur Rahman Hawolader showing him the papers) as you told the name Shaheb Ali alias Siraj Ali alias Saifuddin, did you find the name Shaheb Ali or Saifuddin here?

Witness: No, only Siraj Ali is written here but he was known by these two names as well.

Prosecution: Look in exhibit- A, whose name is written as defense no 1?

Witness: The Pakistan Army of Pirojpur Camp is written as defense no 1.

Prosecution: Is there any signature in the back page of exhibit- A?

Witness: There is a seal of the Magistrate of Pirojpur Mohkuma, Bakergonj but no signature.

Prosecution: Exhibit- A is not the real certified copy, it is forged and made for the purpose of this case.

Witness: It’s not true.

Prosecution: Your late elder brother had a very good relation with Setara Begum’s family.

Witness: It’s not true but he has good relation with Setara Begum’s elder son Mostofa.

Prosecution: Do you know both Mostofa and Setara Begum were the witnesses of prosecution?

Witness: Yes, I know.

Prosecution: And because of you people they didn’t come to give evidence?

Witness: It’s not true, they didn’t come as they didn’t want to give false evidence.

Prosecution: In exhibit- B, there was the judgment of writ petition which is regarding putting bar on going abroad of Delwar Hossain Saidee.

Witness: Yes, it is.

Prosecution: Exhibit- C is regarding the appeal filed against the above mentioned writ, isn’t it?

Witness: Yes, it is.

Prosecution: Was the present case filed before the judgment of that case?

Witness: No, but just after 2 hours from that judgment Manik Poshari filed this suit.

Prosecution: What kind of book is this, ‘Jotosna O Jononir Golpo’ (exhibit- E)?

Witness: It is a history basis novel.

Prosecution: The novel you submitted as exhibit- E is not relevant in this case.

Witness: No, it is relevant.

Prosecution: The list of beneficiaries of ‘One Hosue One Firm’ project organized by Bangladesh Polli Unnayan Board which you submitted as exhibit-D is a development project.

Witness: Yes, it is.

Prosecution: Did you know anyone among these 60 people of the list?

Witness: I don’t know anybody except 3 from here.

Prosecution: The 1st page of exhibit- F is not clear.

Witness: It may be because of photocopy.

Prosecution: Annexure- F is not the certified copy.

Witness: Yes because we didn’t have any scope to have certified copy.

Prosecution: From where did you collect exhibit- F?

Witness: From Jiyanagar police station, Pirojpur.

Prosecution: From where did the case come to Jiyanagar police station?

Witness: Might be from Magistrate Court.

Prosecution: What other documents came with this document?

Witness: I don’t have any idea.

Prosecution: Which other documents relating this FIR was given to your lawyers?

Witness: I don’t know this also.

Prosecution: From where were these documents were copied?

Witness: I don’t know.

Prosecution: Who went to copy them?

Witness: I don’t know.

Prosecution: On your behalf who accepted this copy?

Witness: I don’t know also.

Prosecution: In exhibit ‘G’, ‘H’, ‘J’ in the passport what is written in the column of profession?

Witness: ‘Business’.

Prosecution: In exhibit ‘A’, ‘L’, ‘M’ in your father’s passport what is written in the column of profession?

Witness: ‘Teaching’.

Prosecution: In exhibit ‘H’ and ‘G’ in your father’s passport the spelling of the name of your father is ‘Saidy’. Then in exhibit ‘J’, ‘K’, ‘L’, ‘M’, ‘N’, ‘O’ and the spieling is ‘Witness’ and in exhibit- ‘I’ in the pilgrim pass the spelling is ‘Saidee’.

Witness: Yes, it’s true.

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