Sunday, February 17, 2013

16 Oct 2012: Mollah 11th witness cross exam, day 2

Defense Counsel, Abdus Sobhan Torafdar continued his cross examination (from the previous day) of Monwara Begum, the assistant investigation officer on the case
Defence: How could you ascertain that Dr. Sajid Hossain is a witness before you met him?
Witness: I did not go there specifically for Abdul Kader Molla case. I investigated for other cases as well.

Defence: What information did you know about Dr. Sajid Hossain and so decided to go to Chittagong to interview him?

Witness: Dr. Sajid Hossain wrote a book which name is “Ekattorer Zuddho Shishu” (war child of 1971). That’s why I thought it was necessary to record his statement.

Defence: Which date and what time you have gone at Chittagong?

Witness: On 21st march 2011, at 7 p.m. I started my journey and had been reached at 5 p.m. at Chittagong.

Defence: On 21/3/2011 to 22/3/2011 during that period where did you stay?

Witness: At Circuit House.

Defence: What had you done on 22/3/2011?

Witness: I was busy regarding my investigation.

Defence: Do you enter the investigation in your case diary?

Witness: Yes.

Defence: Can you read out the entry on 22/3/2011 case diary?

Witness: I don’t use the case diary on 22/3/2011.

Defence: Dr. Sajid Hossain, what has he done at Chittagong?

Witness: He is a Commandant of Chittagong Marine Academy.

Defence: Dis you record in your own hand?

Witness: I have recorded the statement of Dr. Sajid Hossain in my hand. After that my computer operator types this.

Defence: Do you sign on it?

Witness: Yes.

Defence: you did not sign on copy of typed statement.

Witness: It is not true.

Defence: In what date and what time you have come back from Chittagong to Dhaka?

Witness: I can’t remember without seeing my Supplementary Case Diary.

Defence: Did you close your Case Diary when your have reached at your Dhaka office?

Witness: Yes.

Defence: In which dates you investigated regarding this case, you mention in to the Case Diary?

Witness: Yes.

Defence: When you interviewed Mr. Shahriar Kabir?

Witness: I interviewed Mr. Shahriar Kabir on 27/8/2011 as the source of Complaint Registrar-1 dated on 25/10/2011.

Defence: What was in Complaint Registrar-1?

Witness: Complaint has been mentioned about 4 accused in Complaint Registrar-1. They are: Motiur Rahman Nizami, Ali Ahsan MD. Muzahid, MD. Kamaruzzaman and Abdul Kader Molla.

Defence: What time you have taken recorded the statement of Mr. Shahriar Kabir?

Witness: 2 days time has been taken for recorded his full statement.

Defence: Where did you take the statement?

Witness: His house no.Ga-16, Mohakhali.

Defence: You lie that you interviewed Mr. Shahriar Kabir and you have recorded his statement.

Witness: It is not true.

Defence: You did not interview Mr. Shahriar Kabir on 27/8/2011.

Witness: It is not true.

Defence: You did not mention in your Supplementary Case Diary about you interviewing Mr. Shahriar Kabir on 27/8/2011.

Witness: It is not true.

Defence: How many cases have you used the Mr. Shahriar Kabir’s statement?

Witness: I don’t know.

Defence: You endorse your signature on one copy of statement of Mr. Shahriar Kabir.

Witness: I made 2 copies.1 copy for me and another give to I.O.

Defence: You have given which to I.O.

Witness: I have given to the IO what has been requisitioned from me.

Defence: In which date you have recorded the statement of Muntasir Mamun.

Witness: On 17/7/2011 and 17/8/2011.
In the course of this questioning, accused Abdul Kader Molla felet sick. He is feeling pain in his chest. He said that, he took the treatment from BARDEM Hospital.

Tribunal members asked whether he had been taken in BARDEM hospital yet? ‘We gave the order on 11th October.’

Accused said that he had not and he sought treatment before he has reached the Kashimpur Jail. Tribunal members said that the order should be implemented. Accused Abdul Kader Molla left the tribunal.
Defence: When did you interview Ferdous Priyovashini?

Witness: On 19/2/2011 and 6/7/2011.
Head of the Defense Barrister Abdur Razzak came into the court and prayed to the tribunal that the accused Abdul Kader Molla feels great discomfort and asked theTribunal whetherhe could go to jail via Hospital.

Tribunal calls the police and gives order to take him in hospital and after checkup to be sent to the Kashimpur Jail.

Defence: Where you have recorded the statement of Ferdous Priyovashini? 
Witness: House no.38, road-3, Dhanmondi. 
Defence: Why you have taken 5 months for taking her statement, do you mention the reason in your Case Diary? 
Witness: Yes. 
Defence: You have gone to Momena Begum by whose reference? 
Witness: I have known from Mirpur, 10 Jolladkhana Boddhovumi Smritipith which is another part of liberation war museum. 
Defence: When did you go the Momena Begum’s house? 
Witness: I didn’t go there. I.O. investigates them directly. 
Defence: Could you have collected the I.D.card before she is asked? 
Witness: I thought it is not necessary; during investigation I have seen her I.D.card. 
Defence: Do you attach any document for her identification that she is the Momena Begum? 
Witness: No, I don’t, because I saw her name and phone number has been mentioned list of family of Martyr in such museum. 
Defence: How far away from Jolladkhana is this place? 
Witness: Ii is situated nearby but I.O. Investigate the fact in place. 
Defence: Do you give any notice to the Momena Begum? 
Witness: I haven’t sent any written notice but in charge of Jolladkhana, Mr. Nasir uddin has been informed. He presented the Momena Begum before me. 
Defence: Mr. Nasir uddin presents the Momena Begum from where? 
Witness: Momena Begum was presented from her present home by Mr. Nasir uddin. 
Defence: Did you ask to the Nasir uddin about the identification of Momena Begum? 
Witness: I didn’t feel necessary. 
Defence: Did you try ascertaining the so called Momena Begum is such Momena Begum? 
Witness: I did. 
Defence: How could you ascertain this? 
Witness: Momena Begum daughter of Martyr Hazrat Ali Loskor due to this I was confirmed by a letter of 2000/- t.k. check which was given by Bongonondhu. 
Defence: Did you get any information about the name of village is Duaripara? 
Witness: I have gotten.
Adjournment for lunch

Defence: Do you know that to record the statement of witness is the part of investigation?

Witness: Yes.

Defence: About how many people of Duaripara did you know from Momena Begum?

Justice A.T.M Fazle Kabir: This question will not be recorded.

Defence: To record the statement is the part of investigation. She only recorded the statement and did not investigate about it. Where we shall go whether neither you give us to go this side nor that side?

Judge Shahinur Islam: You can’t say that court has confined you but you have been confined by law.

Defence: Say the terms of requisition by which you were appointed as I.O?

Justice A.T.M Fazle Kabir: Terms of requisition are in her Chief.

Defence: Did you get the existence of Quader Mollah of Duaripara village in the statement of Momena Begum?

Prosecutor (Mohammad Ali): She has already said that she only recorded the statement and did not investigate about this matter.

Judge Shahinur Islam: You can’t take this question.

Justice A.T.M Fazle Kabir: Go to next question.

Defence: Do you know whether Investigation Officer has investigated about Quader Mollah’s existence or not?

Prosecutor (Mohammad Ali): How can he say it?

Defence: My Lord I am praying help of you about this matter. When main I.O will tell that I did not record or investigate this, but Monowara Begum did then where shall I go?

Justice A.T.M Fazle Kabir: Then it will be considered as defect.

Justice Obidul Hassan: Chairman already has told about it and you are creating annoyance of the court. You should mind it that Court can take any decision.

Defence: How many expert witnesses were examined by you in this case?

Witness: I have examined 7 expert witnesses among 10.

Defence: How many victims were examined by you?

Witness: I recorded the statement of 3 victims.

Defence: Who are those victims?

Witness: Ferdousi Begum Alias Fedousi Priovasini, Sokina Helal and Momena Begum.

Defence: Was Momena Begum married during the time of recording the statement?

Witness: Yes.

Defence: You are saying that Momena Begum was married whether from your memory or you have seen it in the documents?

Witness: She said her husband’s name during the time of recording her statement and I also have seen her husband’s name in her National I.D card.

Defence: the person whose statement you have recorded as statement of Momena Begum, she is not the wife of Habibur Rahman and not the daughter of Martyred Hazrat Ali Loskor, is it true?

Witness: This is not true.

Defence: 21 number house of Block-B in Mirpur-12 was not the house of her father and even they did not live in that area, is it true?

Witness: This is not true.

Defence: The person whose statement you have recorded as victims Momena Begum is not the real Momena Begum but she is fake one, is it true?

Witness: This is not true. I have recorded the statement of real Momena Begum.

Defence: You did not investigate properly according to the requisition, is it true?

Witness: This is not true.

Defence: You have prepared the report according to your mind without going to the place of occurrence, is it true?

Witness: This is not true.

Defence: When did you join in police department and in which post?

Witness: In 1st August of 1977 as Sub-Inspector.

Defence: Where were you from 1977 to 1987 as police officer?

Witness: I was posted in many police stations of the country as police officer from 1977 to 1987 and within this time I was posted in Dhaka C.M.M Court for some days as Court Sub-Inspector.

Defence: From when were you posted in Dhaka C.M.M Court as Court Sub-Inspector?

Witness: From 1987 to 1994. Within this time I was posted some days in Maternity Unit and some days in Reserve Office as Sub- Inspector.

Defence: When you were in Dhaka C.M.M court, you took care G.R.O of the court, am I right?

Witness: Then G.R.O was divided into South and North. I was in charge of north. Some days I was posted in A.C prosecution.

Defence: When you were Court Inspector, some accused fled from court jail. For why a departmental proceeding was held against you and you were suspended temporarily, is it true?

Witness: This is not true.

Prosecutor (Mohammad Ali): We are strongly protesting this statement. He is attacking my witness personally.

Judge Shahinur Islam: Mr. Toropder nave you any proof about it?

Defence: Now we do not have it, but we got information about it from our source.

Judge Shahinur Islam: If you have no proof, withdraw it.

Defence: Ok, My Lord.

Defence: Can I ask him a question about her marital life?

Judge Shahinur Islam: No need of it.

Defence: You did not observe the place of occurrence of this case but main I.O has observed those, am I right?

Witness: Yes.

Judge Shahinur Islam: How are you saying that main I.O observed those places?

Witness: I know about it.

Defence: You did not make any sketch map of the places of occurrences of this case, am I right?

Witness: Yes and it was not needed for me.

Defence: Did Investigation Officer of this case examine you?

Witness: Yes.

Defence: When did he examine you?

Witness: He asked me many times and I can’t say exact date in this moment.

Defence: Did Investigation Officer seize any document from you during the time of examining you?

Witness: I.O need not seize from me. I gave him some documents during that time. I have given I.O whatever I found immediately, so it was not needed to give during recording my statement. But I submitted C.D of video sceneries of executioner house and Muslim Bazaar slaughter Land which I collected from Aku Chowdhury during the time of recording my statement.

Defence: You did not submit any other thing during recording your statement, is it true?

Witness: Yes, because it was not needed.

Defence: Did main Investigation Officer record your statement?

Witness: I don’t know.

Defence: Did main Investigation Officer ask you in only one day?

Witness: It was not needed to examine me because after taking responsibility of this matter, I informed him about condition of my activities by meeting with him many times whenever it was needed.

Defence: You are a part Investigation Officer of this case, am I right?

Witness: Yes.

Defence: You has given false statement, concealing true one, is it true?

Witness: This is not true.
Witness: My lord I have something to say. In many newspapers , it is published Wiliam Devis in place of Geofry Davis and for that many people phoned me about it.

Judge Shahinur Islam: The word “Wiliam” has be deleted from there, is that right?

Witness: Yes.

Justice A.T.M Fazle Kabir: Mr. Mohammad Ali, call Mr. Razzak.

Prosecutor (Mohammad Ali): My Lord now it is 4:00 PM and tomorrow morning we shall start.

Justice A.T.M Fazle Kabir: Ok, tomorrow morning.

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