Saturday, July 14, 2012

13 Jun 2012: Sayedee witnesses 1 and 6 recalled

After the Sayedee investigation officer cross examination hearing was completed,  the follow up cross-examination of prosecution witness 1 (Mahbubul Alam Hawlader) and prosecution witness no 6 (Manik Poshari) took place. These 2 witnesses had been recalled for cross-examination again following an application by the defence

Then Mahbubul Alam Hawlader came to the witness dock and one of the prosecutors said that “Mr. Mahbubul alam you will be asked three questions regarding the interview of the programme “Ekusher chokh on Ekusher TV”

Cross-examination of Mahbubul Alam Hawlader was started by the one of the defence counsels Mizanul islam. The original testimony can be found here
Defence: You and another witness Manik poshari gave an interview before the programme “Ekusher Chokh” telecasted on Ekushe Television. In this Programme Manik Poshari said that “there is no sign of blood now, only there is pillar under the brick. I have built another house adjacent to this, now this is completely new house and there is no sign of burning pillar” You and Manik Poshari are telling lies by saying that you could not remember whether interview was taken or not otherwise your seizing materials will be proved as false.

Witness: It is not true. Manik Poshari and I did not give any statement together. When Manik Poshari gave his statement I was not there. Journalist of Ekushe Television asked Manik Posahri whether there is any burning sign in his house or not, then Manik Poshari replied by indicating the pillar under the brick and above it situated in his front corridor that there is some burning sign.

And then Manik Poshri indicated by his hand the front part of his house that there was storage of paddy and kachari ghar (sitting house). These were fully burnt also.

Then reporter of Ekushe Television again asked whether there is any sign of burnt materials in these houses. Manik said no, even now there is nothing at this place also.

Defence: When, to whom and how these seized materials of Manik Poshari have been transferred?

Mahbubul alam Hawlader: I have kept all these materials at the house of Manik Poshari when investigation officer has given these materials under my custody.

Defence: For the sake of the case you, witness Mostafa, witness Manik Poshari and the investigation officer has created this materials intentionally.

Mahbubul alam Hawlader: It is not true.
Defence: My lord, he has given some new explanation which he did not give in hi examination-in-chief.

Chairman: He has given answer, so there is nothing to ask him any question upon the explanation.

Defence: Certainly, I will ask question if you permit me.

Chairman: Okay, then ask the question.
Defence: Mr. Mahbubul alam, you did not say anything in your examination-in-chief about the Kachari house and the storage of paddy.

Witness: It is not true.
Thus the cross-examination of the prosecution witness was completed.

Then one of the prosecutor Sahidul Islam came to the dais and said to the Manik Posari (prosecution witness 6) that you will be asked question about the interview which was taken by the Ekusher Television at their “Ekusher chokh” program me. You can see original testimony here

Justice Zaheer: Let him see the video first.
Defence: Did you give this interview at the “Ekusher Chokh” programme on Ekusher TV.
Witness: Yes.

Defence: You have said that during the liberation war Delwar Hossain was a student. Would you please tell us where did he study?

Witness: He was not a student during Liberation War; basically he was a student of Sarsina Madrasa 10 years prior to the Liberation War.

Defence: In your interview, you have told about one of your aunties (father’s sister). Would you please tell us what his name was?

Witness: Jobeda Khatun.

Defence: What your uncle’s name was?

Witness: Majed Ali Sheikh.

Defence: Where do they live now and would you please tell us the name of their children?

Witness: Name of the uncle’s son is Jalil Shiek.

Defence: What is his daughter name? You have mentioned about the sons and daughters also.

Witness: I did not mention about the daughter name. His daughters were very little that time.

Defence: Did you give any information to the investigation officer regarding the children of your uncle?

Witness: I have said about his sons not about daughters.

Defence: In whose presence, how and when these materials has been seized from your house?

Witness: Investigation Officer has listed this materials in presence of Mustafa and Mahbub and then gave it to custody of Mahbubul Alam. And then kept these materials in my house under his custody and said when necessary he will take from my house.

Defence: When did you inform that these materials (wood, corrugated Iron sheet) could be taken from your house?

Witness: On 1 April h informed and on 2 April these materials was taken.

Defence: Who went to your house to take these materials?

Witness: Mahbubul Alam.

Defence: Where was the pillar before producing at the Tribunal.

Witness: He did not seize any pillar.

Defence: Basically you, witness Mahbubul Alam, witness Mustafa and investigation officer had intentionally created these materials.

Witness: It is not true.
Then the cross-examination was completed.

Defence: My lord, we want adjournment tomorrow

Chairman: It is not possible because we have to work tomorrow. Basically, we are under pressure from general people.

Defence: My lord, we will not be able to take any preparation.

Chairman: You could have said it before, and then we would have kept another item today.

Chairman: Please come tomorrow. Now, Tajul Islam from the defence and Haider ali from the prosecution come to our chamber please.

Then the court was adjourned.

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