21 Oct 2012: Mollah 12th witness cross exam, day 2

The Prosecutor, Mohammad Ali told the tribunal that the investigation officer, the 12th prosecution witness in the trial of Mollah, had something to say to the tribunal

Justice A.T.M Fazle Kabir: Yes.

Investigation officer: My Lord there is some correction that needs to be made in my statement given in this Tribunal on 8th July 2012.

Justice A.T.M Fazle Kabir: Submit petition for correction

Prosecutor: Ok, My Lord.

The cross examination of Abdur Razzaque Khan, the investigation officer, continued from the previous day with the questions asked by a Defense Counsel Abdus Subhan Toropder.

Defence: You have said untruly that you recorded the statement of 48 witnesses, is it true?

Witness: This is not true.

Defence: You recoded the statement of 12 witnesses in the date of 16-08-2010, am I right?
Witness: Yes.

Defence: You recoded the statement of another 12 witnesses on 28-09-2010, am I right?

Witness: Yes.

Defence: You recorded the statement of another 23 witnesses on 15-01-2011, am I right?

Witness: Yes.

Defence: You recoded the statement of another 14 witnesses after 15-01-2011 prior to ubmitting the investigation report in 30-10-2011, am I right?

Witness: This is not true.

Defence: Statement of how many witnesses did you record after 15-01-2011 until submitting the investigation report in 30-10-2011?

Witness: Statement of 15 witnesses.

Defence: According to your requisition, Momowara Begum recorded statement of another 10 witnesses before submitting the investigation report in 30-10-2011, am I right?

Witness: Yes.

Defence: You and Monowara Begum recorded the statement of total 72 witnesses before until the date of submitting the investigation report in 30-10-2011, am I right?

Witness: Yes.

Defence: After submitting the investigation report in 30-10-2011, you assisted the Chief Prosecutor in forming formal charge, am I right?

Witness: No.

Defence: After starting the trial of this case, you assisted in bringing the witnesses in the Tribunal, am I right?

Witness: Yes.

Defence: You assisted in bringing a witness in the name of Mojaffar Ahmed Khan in the Tribunal, am I right?

Witness: Yes.

Defence: You examined Mojaffar Ahmed Khan and recorded his statement during investigation, am I right?

Witness: Yes.

Defence: Did you study the statement of Mojaffar Ahmed Khan before submitting the investigation report in 30-10-2011?

Witness: Yes.

Defence: Did you get the name of Abdul Majid Palwan in the statement of Mojaffar Ahmed Khan?

Justice A.T.M Fazle Kabir: This question will not go. Go to next question.

Judge Shahinur Islam: Did you draw any attention about the statement of Mojaffar Ahmed Khan? If not, this question will not go.

Defence: In which date did you bring Mojaffar Ahmed Khan in the office of Investigation Agency for giving testimony?

Witness: On 3rd July 2012.

Defence: After cross-examination of Mojaffar Ahmed Khan, you recorded the statement of Abdul Majid Palwan, is it true?

Witness: This is not true.

Defence: You recorded the statement of additional witness Abdul Majid Palwan illegally, is it true?

Witness: This is not true.

Defence: Abdul Majid Palwan was not witness in the case which was lodged by Mojaffar Ahmed Khan as Complaint Case, am I right?

Witness: Yes.

Defence: Where did you record the statement of Abdul Majid Palwan?

Witness: In the office of Investigation Agency.

Defence: After hearing the name in the statement of Mojaffar Ahmed Khan given in the Tribunal, you recorded the statement of Abdul Majid Palwan, am I right?

Witness: No.

Defence: You back dated the statement intentionally after taking statement of Abdul Majid Palwan, is it true?

Witness: This is not true.

Defence: Did you bring Abdul Majid Palwan in the office of Investigation Agency whether by giving notice or sending anyone?

Witness: We informed him and he came.

Defence: You examined witness Nurjahan after giving statement of Mojaffar Ahmed Khan in the Tribunal, is it true?

Witness: This is not true.

Defence: Was Nurjahan the witness in the compliant case lodged by Mojaffar Ahmed Khan?

Witness: No.

Defence: By whom did you get the information of Nurjahan?

Witness: By my source.

Defence: Where and in which date did you record the statement of Nurjahan?

Witness: On 30th June 2012 in the office of Investigation Agency.

Defence: You recorded the statement of additional witness Nurjahan illegally, is it true?

Witness: This is not true.

Defence: Who brought Nurjahan in the office of Investigation Agency and from where?

Witness: Our source brought her from A-1, Badori Tower, Poribag, Dhaka.

Defence: To minimize the flaw of Prosecution Team, you recorded the statement of Abdul Majid Palwan and Nurjahan showing them witnesses of this case after taking statement of Mojaffar Ahmed Khan, is it true?

Witness: This is not true.

Defence: The statement of how many additional witnesses, did you record after framing formal charge?

Judge Shahinur Islam: Answer the question after understanding it.

Judge Shahinur Islam: Mr. Prosecutor you sit down.

Prosecutor (Mohammad Ali): I need to supply documents to him.

Justice A.T.M Fazle Kabir: Quick, I said it earlier that come after taking preparation.

Witness: 6 witnesses as additional.

Defence: Say the name of those 6 additional witnesses?

Witness: They are Abdul Majid Palwan, Nurjahan, Constable-22507 A.K Robin, Abdul Matin, Monowara Begum and Moeej Uddin.

Defence: The statement of how many additional witnesses did you record after 30-10-2011?

Witness: Statement of total 15 additional witnesses.

Defence: Say their name and date of taking their statement?

Witness: I recorded the statement of Khodoker Abul Ahsan and Saira on 8th January 2012, Sayed Shahidul Haque Mama on 17th March 2012, Shalauddin Vuiyan and Momena Begum Daughter of late Abdul Aziz on 10th April 2012, Kobi Kaji Roji on 15th April 2012, Dr Mojammal Hossain Raton and Constable-4554 Md. Shohag Parvaj on 9th May 2012, Sayed Abdul Kaium on 12th May 2012, Md. Moeej Uddin and Mrs. Monowara Begum on 11th June 2012, Abdul Majid Palwan on 27th June 2012, Nurjahan on 30th June 2012, Aajab Uddin Mia and Mamunul Kabir on 27th August 2012.

Defence: In which date did you submit the statement of those 15 witnesses to Prosecutor?

Witness: I Submitted the statement of Khodoker Abul Ahsan, Saira , Sayed Shahidul Haque Mama , Shalauddin Vuiyan alias Foyej Uddin, Momena Begum Daughter of late Abdul Aziz, Kobi Kaji Roji and Dr Mojammal Hossain Raton on 19th July 2012 and rest additional witnesses Constable-4554 Md. Shohag Parvaj, Sayed Abdul Kaium, Md. Moeej Uddin, Mrs. Monowara Begum, Abdul Majid Palwan, Nurjahan, Aajab Uddin Mia and Mamunul Kabir on 10th September 2012 to Chief Prosecutor.

Defence: You submitted 40 persons as witnesses among 72 persons and who are the rest 32 persons?

Justice Obiadul Hassan: Why it is needed?

Defence: How shall we raise question about Investigation report without this?

Judge Shahinur Islam: This question will not go because it is not needed.

Justice A.T.M Fazle Kabir: How did we take question about a matter which is not submitted to us, go to next question.

Judge Shahinur Islam: It has no relevancy with it.

Defence: You did not include the statements of 32 persons as witness in the investigation report because they did not support Prosecution, is it true?

Witness: This is not true.

Defence: You have included Amir Hossain Molla in the list of witnesses seeing his name in the complaint register, not by getting information from your sources, is it true?

Witness: Yes.

Defence: In which date did you produce P.W.2 Shahidul Haque Mama in the Tribunal for giving his statement?

Witness: On 10th July 2012.

Defence: Where did you record the statement of P.W.2 Shahidul Haque Mama?

Witness: In his living home.

Defence: Did you collect the name of Shahidul Haque Mama through a source?
Witness: Yes.

Defence: Did you record the statement of Momena Begum Daughter of Shahid Hazrat Ali?

Witness: No. Monowara Begum recorded her statement according to my requisition.

Defence: Did you examine her statement before submitting the investigation report?

Witness: Yes.

Defence: How many accused did you get after examining her statement?

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

At the end of the day, the defense lawyer sought an adjournment  of a day as an application for disclosing the Investigation Report was still pending, and without the Investigation Report it was difficult for the defence to continue the Cross Examination.  

The tribunal said that if the defence want, they are ready to give the order regarding this application just now. However no adjournment will be given.

The Chairman of the tribunal also asked the defece to complete the Cross Examination by the following day