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Thursday, March 21, 2013

13 Jan 2013: Sayedee defense applications

After dealing with the contempt matter, the defense filed six applications following the filing of an application to review the tribunal order which rejected their retrial application

Prosecutor Haider Ali said that the court should summarily reject these six applications

Razzaq responded by saying that the tribunal should not proceed with the prosecution summing up since their review application is pending.

Mr. Justice Jahangir Hossain said that the review application is contradictory to the six applications filed today as they appear to accept the impugned order.

Razaq explained that the defense filed the review application before filing these six applications. The tribunal should first hear the review application and if it is allowed then the defense will not need to press these six applications. But if it is rejected then we will have to press these applications. He said that the defense have to file this application before disposal of the review application since the tribunal had fixed today to commence the prosecution summing up. In my submission you should not proceed with the prosecution summing up without hearing the review application.

The chairman said that the trial cannot be stopped due to the review application. We will hear the review applications later.

The defense lawyer said that if the review application is allowed then you will have to restart the trial and so there is no point in hearing prosecution summing up during pendency of the review application.

Haider Ali, the prosecutor, said that in the review application the defence has prayed to disclose identity of the IT expert that you relied in your impugned order. Can they make such prayer?

Chairman said that so far we understand that Skype conversation cannot be hacked. But it can be recorded. The recording can be easily manipulated. This is a matter of common sense. We have an IT expert in Tribunal.

The prosecutor said that you should impose heavy cost upon the defence for filing the other six applications. These matters are already settled. You should impose Tk. 200,000/- for each application.

The chairman asked the prosecution to start its closing arguments.

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