Sunday, February 17, 2013

15 Oct 2012: Mollah 11th witness cross exam, day 1

The cross-examination of the eleventh prosecution witness in the case of Mollah, the additional I.O A.S.P Monowara Begum is started by Defense Counsel Abdus Subhan Toropder. (To see her examination in chief)
Defence: Did you get written requisition from main Investigation Officer?

Witness: Yes.

Defence: You got requisition for taking statement of how many witnesses?

Witness: Main Investigation Officer did not give any limitation about it.

Defence: According to this requisition, you have recorded the statement of how many witnesses?

Witness: of 10 witnesses. They are Dr Anisul Haque, Shahrier Kabir, Professor Muntasir Mamun, Dr Sajid Hossain, Ferdousi Priovasini, Father Richarge Wiliam Tim, Sokina Helal, Julfikar Ali Manik, Hosan Akter Chowdhury alias Aku Chowdhury and Momena Begum.

Defence: Did you do any other thing about those witnesses without recording their statement?

Witness: Yes, I have collected video scenery of digging place of slaughter in Muslim Bazaar which was taken by 46 Brigade from Akter Chowdhury alias Aku Chowdhury. I have collected the book “40 years in Bangladesh” written by Father Richard Wiliam Tim from him and “Ekattorer Jodda Sisu” written by Dr Sajid Khan from him and I also have collected a report prepared by stony doctor of Australia Jeffry Davis during the period of his research in Bangladesh from his son Wiliam Davis in which he has stated about horrible scenery of female torture during our Liberation war period and submitted all those to main Investigation Officer of this case Abdur Razzak khan P.P.M.

Defence: It is directed in the requisition given you to investigate in other cases without this case, am I right?

Witness: Yes, other 3 cases and in totals 4 cases.

Defence: In which date did you finish the investigation and also submit supplementary case diary to the main Investigation Officer?

Witness: I finished the investigation in 02-10-2012 and submitted Supplementary Case Diary to the main Investigation Officer in 25-10-2012 (Said later).

Defence: On which date and which time did you open this Supplementary Case Diary?

Witness: I can’t say exact date because Supplementary Case Diary is not to me in this moment. I started my investigation in the date in which I got requisition.

Defence: You are not able to say the exact date of opening of Supplementary Case Diary without seeing S.C.D, am I right?

Witness: Yes, at this moment.

Defence: When did you come out for investigation on the date of 15-02-2011?
Witness: So far I can remember I did not go out in that day but examined official documents in the office.

Defence: Whose statement did you first record in this case?

Witness: Statement of Dr Sajid Hosan on 23-03-2011.

Defence: Where and in which time did you record the statement of Dr Sajid Hossain?

Prosecutor (Mohammad Ali): I have objection about it because only Momena Begum has been examined, so he is bound to cross-examine only about her.

Defence: To examine whether she investigated properly or not, I need to cross-examine about all of her investigation activities. How shall we deal this matter if you give limitation that I am able only to examine her about Momena Begum?

Justice Fazle Kabir: Why are you asking formal witness about this matter?

Prosecutor (Mohammad Ali): She is not Investigation Officer, so you can’t ask her about all these matter.

Judge (Shahinur Islam): She is also Investigation Officer, don’t say it she is not Investigation Officer.

Prosecutor (Mohammad Ali): According to rule-52, only examined person will be cross-examined. Here only Momena Begum has been examined by the court, so Defense Counsel is able to cross-examine about her.

Defence: Where and in which time did you record the statement of Dr Sajid Hossain?

Witness: In the Circuit House of Chittagong.

Defence: Where is your place of posting now?

Witness: In the investigation department of ICT BD which head is situated in Dhaka.

Defence: How and when did you go to Chittagong for recording the statement of Dr Sajid Hosan?

Witness: I went to Chittagong by my office car with police force. Now I have no Supplementary Case Diary so I am not able to give exact date of going.
Prosecutor (Mohammad Ali): She has submitted all documents to main I.O and he will give answer of all those questions.

Justice A.T.M Fazle Kabir: Examine her how far she investigated. For the first time I am watching that an Investigation Officer has come to give witness without Supplementary Case Diary. This is not fair.

Defence: We don’t want to take benefit keeping her in the dock, so we shall cross-examine her after bringing Supplementary Case Diary.

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

Then court has been adjourned.

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