30 Jul 2012: Molla 5th witness cross exam, day 2

The defence continued with the cross examination of the 5th defence witness, Khandokar Abul Ahsan testifying against Mollah (following on from the previous day)

Defence: You said in your statement that, your father worked at an Advocates’ Firm named BNR. What does BNR stand for?

Witness: I don’t know.

Defence: 90% citizens of Mirpur area in 1970-71 were Biharis. Is it true?

Witness: Yes.

Defence: Where in Mirpur was the house of Advocate Jahiruddin, who was the nominated candidate of Awami League and finally elected?

Witness: I don’t know.

Defence: You said in your statement that, because of the big victoryof Awami League, the defeated party executed mass killing at Mirpur after 25th March, 1971 in leadership of Quader Mollah. I am saying, the name of Quader Mollah was not in existence on 25th March, 1971.

Witness: If that was not in existence then how could I say! This is not true.

Defence: You said, at 12.01 am, the program of PTV was closed by broadcasting the song ‘Amar Shonar Bangla’ and Mr. Kaiyum was in your home at that time. I am saying, he was not at your home at that time.

Witness: This is not true.

Defence: You told, at 2.30 or 3.00 am, 3 or 4 people attacked Mr. Kaiyum’s home by breaking the door. ‘Why did you fly the flags?’ telling this they used slang words to him and attacked him rudely by knife. He fled away from home and stumbled on the way. I am telling, these types of incidents never occurred.

Witness: This is not true.

Justice (Obaidul Hassan): Learned counsel, do you know the difference between denial and contradiction? You are trying to contradict in the form of denial. You can’t deny his statement line by line.

Defence: Have you given any statement to the investigation officer?

Witness: Yes, I’ve given.

Defence: On which day?

Witness: I can’t remember.

Defence: About how long ago?

Witness: I can’t remember it also.

Defence: You haven’t told the investigation officer that you brought a Bengali doctor to give Mr. Kaiyum primary treatment from the present Radda Barnen Hospital of Mirpur.

Witness: It is not true.

Defence: You also haven’t told to the investigation officer that he fled away from home and stumbled on the way.

Witness: I told him this.

Defence: You also haven’t told to the investigation officer that your father took Mr. Kaiyum to Dhaka Medical College Hospital next morning.

Witness: This is not true.

Defence: You said, your father met Bangabandhu physically. Was your father very intimate to Bangabandhu?

Witness: Not very intimate, but was known to Bangabandhu.

Defence: When was EPR deployed in Mirpur?

Witness: Can’t remember exactly. (then said) But on 24th July, at night the EPR was deployed in Mirpur.

Defence: As Mr. Jahiruddin was a Bihari and EPR was deployed without informing him, he became angry and told other Biharis to do whatever they wished.

Witness: I don’t know about such type of incident.

Prosecutor (Mohammad Ali): My Lord, such type of suggestion is not entertainable. How could he (witness) say that?

Defence: You had no Bihari driver named Nijam.

Witness: This is not true.

Defence: You haven’t told to the investigation officer that a person named Halim took your father from the way on his car and brought him to Mirpur and transferred him to Abdul Quader Mollah.

Witness: I told it.

Defence: You also haven’t told to the investigation officer that Nijam’s house was at Mirpur-10 and mass killing at Mirpur happened in leadership of Quader Mollah.

Witness: This is not true.

Defence: From whom did you hear about the killing in the slaughter houses of Shialbari, Muslim Bazar and other butcheries?

Witness: This is well known

Defence: Your statement relating to Abdul Quader Mollah is false, fictitious and made up.

Witness: This is not true.

Defence: You’ve stated only the made up speech created by a political circle.

Witness: This is not true.

Justice (Chairman): Mr. Prosecution, do you have any other witnesses?

Prosecutor (Mohammad Ali): My Lord, we’ll bring 6 no. witness next Thursday.

Justice (Chairman): Have you given them (defense) the list?

Prosecutor (Mohammad Ali): Yes, my Lord.

Defense Counsel (Faridul Islam): My Lord, the prosecution has given the names of four witnesses but at the end brings any one of them. Now it is tough for us to take preparation for the examination of all of the witnesses. If they confirm us at least 2 names and at least 48 hours prior to the trial, then it would be convenient for us.

Then defense counsel Ekramul Haque objected to the day of Thursday, then the Tribunal fixed 01/8/12 (Wednesday) as the next day to take witness.