Tuesday, November 20, 2012

7 Aug 2012: Sayedee IO cross exam day 45

The tribunal started with the Camera Trial of the prosecution witness Porag Dhor in the case of Golam Azam - and no one except 3 Prosecutors and 2 Defence Counsels were allowed to stay in the room. It  continued till 11:20 a.m.

The tribunal then moved onto the cross examination of Helal Uddin in the Sayedee case (continuing from the previous day).
Defence: Is there population in the following areas-- Kajibari, Palpara, Shikarpur, Rajarhat, Kokarpara, Dumurtola, Kodomtola, Nobabpur, Alomkuthi, Chukigati, Chingrakhali?

Witness: Yes.

Defence: If you have ever gone to Kajibari?
Witness: Yes.

Defence: Have you met anyone aged over 55 years on Kajibari?
Witness: It has not been mentioned in my note.

Defence: If you have recorded anyone’s statement from the abovementioned areas?
Witness: No.

Defence: If you have recorded anyone’s statement who is aged over 55 years?
Witness: It has not been mentioned in my note.

Defence: On 5th May, 1971 no Pakistan Army has gone to Parerhat.
Witness: Yes.

Defence: Machimpur Hindu area is situated in Machimpur Moddho area.
Witness: Yes.

Defence: On 1971 there was road on the east-western and north-southern part which is inside the area of Machimpur.
Witness: Yes.

Defence: Bijoy Krishno Mistri and Monindronath Mistri’s house was located at the south side of the road of east-western sided road of Machimpur.
Witness: Yes.

Defence: Whether the location of the house of Bijoy Krishno Mistri and Monindronath Mistri is included in your note?
Witness: It has not been mentioned in my note. I am stating it from my memory.

Defence: On 1971 Gopal Krishno Mondol’s old house was located beside the north-southern road to Machimpur.
Witness: Yes.

Defence: If there were any houses except those above three houses beside the road?
Witness: Yes.

Defence: What is situated at the south side of Machimpur?
Witness: At the south side there is Munshibaripara and at the north there is a road and an adjacent Bus stand.

Defence: Whose house was situated beside the adjacent Bus Stand beside the road on 1971?
Witness: It has not been mentioned in my note.

Defence: What was located beside the north side of Parerhat Bazar?
Witness: Shonkorpasha.

Defence: Whether there is any direct link road in between Parerhat and Shonkorpasha?
Witness: No. A part of the road has entered the Shonkorpasha village and a part has touched the Parerhat Bazar. There is a river beside the south side of Parerhat Bazar, at the west- Umedpur village. There is no road within the borderline of Umedpur village and Parerhat Bazar. A part of the road has entered Umedpur village and some other part has entered Parerhat Bazar.

Defence: What is located at the east side of Parerhat Bazar?
Witness: There is a canal at the east and Badura village is located further east.

Defence: What is the distance in between Shikarpur, Shukigati, Dumurtola, Kodomtola, Nobabpur, Alomkuthi from Pirojpur Zila Sadar.
Witness: It has not been mentioned in my note.

Defence: If you have gone to Chingrakhali during your investigation?
Witness: It has not been mentioned in my note whether I have gone there.

Defence: ChingraKhali is located at Bagerhat Zila.
Witness: Not true.

Defence: Did you find in 1971 on which rented house Mr. Delwar Hossain Syedee used to live at?
Witness: It has not been mentioned in my note. But he used to live in his in laws house which is located at village Badura.

Defence: If you have gone to the shop of Gourango Shaha when you have gone to him for recording his statement? 
Witness: No.

Defence: Whether you have found any information that if Gourango Shaha’s house has been looted before the Pakistan Army invaded? 
Witness: No.

Defence: Gourango Shaha’s date of birth is not 08-07-1963. You are showing the date to increase his age for the favor of your case. 
Witness: Not true.

Defence: Mostofa Hawladar’s date of birth is not 05-12-1957. You are showing the date to increase his age for the favor of your case. 
Witness: Not true.

Defence: Witness Mizanur rahman Talukdar has rescued the looted properties and return those to some of the owners after the liberation war. Did you find anyone of them? 
Witness: No I didn’t find. Because some of them have left for India and others have died.

Defence: Mention the names of the buyers of Pas Tohobil? 
Witness: I have not found any information about that.

Defence: Abdul Halim Babul’s date of birth is not 06-06-1960. You are showing the date to increase his age for the favor of your case. 
Witness: Not true.

Defence: Do you maintain any PD [Personal Diary]? 
Witness: No.

Defence: Do you have all the processes issued from the Tribunal to present the witnesses before the it?
Witness: Yes.

Defence: Whose processes have you received?

HaidarAli: No. It’s confidential. He cannot ask for it My Lord. 
Defence: No. It’s not confidential.

Chiarman: Not needed. Next question.

Defence: Okay, with the processes to whom you have gone to, among the witnesses who have given statements before the Tribunal. 
Witness: I can’t remember.

Defence: No certainly you possess the document. You can state that.

Chairman: You cannot force him to answer anything. You can raise the issue during your argument. The matter will be recorded, as he is stating.

Defence: Then should I argue over the air? He is obliged to give a reply as long as it is not leading him towards a criminal proceeding. 
Chairman: You cannot force someone.

Defence: Okay we will talk about it after the recess as the clock is ticking over 01:00 P.M.

Haidar Ali: It’s totally a confidential document. 
Tajul Islam: How could he may say that it’s confidential. It’s never a confidential matter.

Chairman: Mr. Tajul. Your senior is talking with us, so please stop.

Tajul Islam: My Lord, I’m seeking for your permission to talk. Chairman: Your senior has contended the matter.
The Tribunal is adjourned till 1:30 P.M.
Defence: In which date did it seem that you will not able to produce any other witness of this case?

Witness: I can’t say, but after talking with witnesses, people of that area and considering the condition I realized that it will not be possible to take any other witnesses.

Defence: How many absence witnesses living in Dhaka city did you go yourself or send people?

Witness: I or any other people did not communicate with absent witnesses who live in Dhaka.

Defence: In which date did you give report to the learned chief prosecutor about presenting witnesses?

Witness: I have given two reports, it may be on 17th march or 19th march.

Defence: Did you give any other reports to the chief prosecutor without this two?

Witness: No, I didn’t give.

Defence: By depending upon whose information you give the report of 17th march?

Witness: I gave this report by talking with the wife of Sukranjan Bali and by asking with the neighboring people of their house, and by seeing the condition of Usa Rani Malaker and talking with her son, neighboring people, with OC (officer in charge) of Endurkani police station, with another witnesses of this case and by secret investigation.

Justice Nizam: Without drawing attention to the content of 31 witnesses [which we hae rejected] you can ask any questions on all other matters.

Defence: My Lord, you consider their content as prima facie true. So I should have been given the opportunity to ask questions about the 31 witnesses. Then I can prove whether there was any mala-fide intention or not.

Justice Nizam: A copy of his application is with you and it is clear that we have accepted it in part. You can ask the question what is said about 15 witnesses not those 31 witnesses who are already rejected. You should concentrate upon the application, not on report. Please cross examine what is said in the petition.

Defence: Tribunal has accepted this report as prima facie true and this report is part of application and it was not said at the time of application submission that we cannot cross upon that issue. As Tribunal has considered this report as prima facie true so it should be given us to cross examine upon it.

Justice Nizam: I think you will not find any differences between the report and application. So go on only with that 15 witnesses only who are accepted.

Defence: Depending on who, did you give the report of 19th march?

Witness: I submitted this report depending upon information taken from the relatives of witnesses of 19th march’s report, collecting information from the honorable people of that locality, by secret investigation, and by talking with OC and other officers of Endurkani and Pirojpur police station.

Defence: What is their name of those other witnesses with whom you talked before submitting the report?

Witness: Mahbubul Alam Hawlader, Ruhul Amin Nobin, Sultan and Manik Posari.

Defence: Say the name of relatives of those witnesses stated in 19th report whom you could not make present?

Justice Nizam: What you can’t do directly you can’t do it indirectly. You can not ask the name of any relatives. You should ask question according to the words of Haider Ali that “Purpose of the cross is to find the truth”. To say the name is risky so it can be said by as cousin (uncle’s or aunty’s son)

Defence: Are there any doctor, engineer and government officials in the village of Bagmara which is the village of witness Gones Saha?

Witness: I don’t know.

Defence: Did you look for the rich people of that village?

Witness: I did not search this type of people.

Defence: Did you meet with any powerful people of that village during investigation?

Witness: Yes but I don’t remember them.

Defence: Did you go to his house?

Witness: Yes.

Defence: How far is his house from the house of Gones Chandra Saha?

Witness: Quarter mile.

Defence: Did S.I Badol Krisno Saha Report in the police station about missing of Gonesh Chandra Saha?

Witness: I don’t know it.
 Then the court is adjourned.

Manjida Ahamed on behalf of the David Bergman         page 3

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