Monday, November 19, 2012

29 Jul 2012: Sayedee IO cross exam day 38

Zead Al Malum, the prosecutor asked that a witness relating to the trial of Golam Azam be called first, because the witness might not be able to secure enough time for the deposition in subsequent dates. The tribunal consented, but Mizanul Islam, defence lawyer has asked that it be started it after half an hour because some of their important documents were still on the way to arrive at the Tribunal.

The tribunal then started with the continuation of the cross examination of the investigation officer, Helal Uddin in the Sayedee case (continuing from the previous day)
Defence: When did you take the statements of Modhusudan Ghorami?

Witness: On 3-11-2010

Defence: Before 3-11-2010 when did you first go to Pirojpur?

Witness: On 2-11-2010

Defence: You don’t have any information about the rape of Shefali Ghorami till this date of your arrival.

Witness: Yes.

Defence: You have taken the statements of Modhusudan Ghorami by visiting his house.

Witness: Yes.

Defence: Who at first has given you the information about the rape of Shefali Ghorami?

Witness: Modhusudan Ghorami on 3-11-2010.

Defence: Before 3-11-2010 whether you have visited the village Hoglabunia?

Witness: No.

Defence: No one of Hoglabunia has been made witness in this case except Modhusudan.

Witness: Yes.

Defence: You have not taken anyone’s statement other than him.

Witness: Yes. But I have asked some questions to some people.

Defence: On 3-11-2010 you have visited Modhusudan’s house directly from the Pirojpur Circuit house.

Witness: I have not gone there directly, before gone there I have visited the houses of Late Toroni Shikdar and Horolal Malakar.

Defence: Who has shown you the house of Mr. Modhushudan?

Witness: Malek Member.

Defence: Whether the houses of Toroni Shikdar and Horolal Malakar are adjacent?

Witness: Yes.

Defence: Where does Modhushudan’s house located compared to the houses of Toroni Shikdar and Horolal Malakar?

Witness: It is situated at quarter kilometer away at the North-western corner.

Defence: When did you go to Modhusudan’s house?

Witness: At 10:20 A.M.

Defence: Whether you have recorded his statements in audio or video?

Witness: No.

Defence: Whether Modhusudan has given any information about the date of the rape of Shefali Ghorami?

Witness: No, but he has stated that- it happened near the end of the war.

Defence: Do you have any information about the birth month of Shondhya Ghorami?

Witness: No.

Defence: Do you have any information when Modhushudan Ghorami has been converted to Muslim?

Witness: No. But he has been forcefully converted.

Defence: For how long you have stayed at his house?

Witness: Almost 2 hours.

Defence: Go to the pages of the statement of PW-23.

Witness: Okay.

Defence: ‘I have married at the end of Falgun Month (Bangla Month).’ The witness has not stated this to you.

Witness: True. But he has stated that- I have married before 8 days of the looting of the treasury.

Defence: When the treasury has been looted?

Witness: It has not been recorded in my note.

Defence: ‘Afterwards Delwar has started introducing himself by Delwar Shikdar, now I am hearing the name Syedee.’ The witness has not stated this to you.

Witness: True.

Defence: ‘After the 3/4 days of the missing of Toroni Shikdar the Razakar has gone to my house’-- The witness has not stated this to you.

Witness: True.

Defence: ‘My wife has told me, those who have converted you have arrived, go fly away.’ The witness has not stated this to you.

Witness: True.

Defence: ‘One day I have been converted when I was sitting at Parerhat Bazar.’-- The witness has not stated this to you.

Witness: True.

Defence: ‘After the conversion of the religion- they have given me the name- Ali Ashraf and Krishno Shaha has been given the name- Ali Akbor.’ The witness has not stated this to you.

Witness: True.
There was then a break to first deal with a witness in the Golam Azam case, and then to deal with a number of applications. After these, the tribunal then returned to the cross examination of the Sayedee case
Defence: When did Modusudan Gorami come to give witness here?

Wintess: It is not in my mind.

Defence: In which hospital he was admitted before coming here to give witness?

Witness: I do not know it.

Justice Nizam: You could ask it to Gorami?

Defence: Whether he was in previous hospital or any other one in the time from 31 January to 1 February?

Witness: I know only about his previous hospital.

Defence: Did he go to house after giving witness?

Witness: Yes.

Question of Tribunal: Did he go to house immediately or after some days?

Witness: I don’t know it.

Defence: When Gorami came to give witness, whether the daughter of his brother Onjoli and the son of Onjoli were with him or no?

Witness: I came to bring only Gorami and don’t know anything about others?

Defence: Was there any relative of Modusudan Gorami with him in the day in which day he gave witness?

Witness: I saw a boy with him at that day.

Defence: Where Modusudan Gorami was handed over after giving witness?

Witness: I don’t know because he was not in my custody.

Defence: Did you not meet with Modusudan Gorami any time without in 3-11-2010 at the time of investigation?

Witness: No.

Defence: Did you go during the time of investigation in the outer house (khanka) of Saint (Pir) of Charkhali which is in Parerhat?

Witness: No, I didn’t go.

Defence: Did you examine anyone who went regularly to Parerhat?

Witness: No.

Defence: Did you search about it that who were the Imam and Muajjin (religious post in a mosque) of the mosques after liberation war?

Witness: No.

Defence: You enforced Modusudan Gorami to give witness by using state power.

Witness: This is not true.

Defence: Is there the name of accused Mr. Sayedee in the exhibition 34\35, 54-59, 206-216, 219, 229-232, 234, 237, 243, 259, 262-284, 86-127 and 129-150?

Justice Nizam: It is not possible to check it. We will consider it at the time of giving judgment.

Justice Anwerul haq: It is never possible for a person.

Justice Anwerul Haq: Say one by one. Then he can do it otherwise not.

Justice Zaheer: At least, he has to say yes or no.

Justice Nizam: Yes or not what he says, we have to see it by checking.

Defence: My Lord he has not jurisdiction to say “ I don’t know”

Justice Anwerul Haq: It will consider at the time of argument.

Defence: I have right to examine upon exhibited documents. Whether the name of Mr. Sayedee is there or not, about it I have right to ask because tribunal has given me such permission.

Justice Anwerul Haq: We shall verify surely during judgment what he has said.

Defence: If there is any adverse in evidence, did I not ask question?

Defence: I did not ask question for not being satisfied, basically I follow the order honorable chairman. He must answer definitely, can’t answer indefinitely and he is bound to give answer.

Then the court is adjourned.

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