Sunday, February 17, 2013

19 Nov 2012: Mollah defense documents admitted

After the end of the cross examination of Mollah (the first defense witness), the defense lawyer Tajul Islam told the tribunal that they have an application about recalling Mollah and allowing him to exhibit certain documents.

The written application reads as follows:
1. That on 15.11.2012 and 18.11.2012 this Hon’bler Tribunal recorded the Examination in Chief of the D.W.-1(Accused-petitioner).

2. That this Hon’ble Tribunal already initiated recording the Cross Examination of this D.W.-1(Accused-petitioner) on 18.11.2012.  
3. That there has some relevant documents submitted earlier by the Defence Consul as Defence Document which corroborate the Deposition of D.W.-1(Accused-petitioner).

4. The D.W.-1 (Accused-petitioner) has a clear knowledge about those documents and he is the best person to Exhibit those document before this Hon’ble tribunal.

5. That at the time of recording Examination in Chief of D.W.-1 inadvertently the Defence Consul could not exhibit those documents.

6. That at the time of recording the Examination in chief of D.W.-1 defence counsel dreaw the attention of this Hon’ble tribunal and prayed for giving scope to exibit thos relevant document at the time of Cross Examination.

7. That this Hon’ble Tribunal orally assured the defence counsel to give scope for exhibiting thos documents.

8. That if the defence deprive of form exibing those relevant documents by D.W.-1 the accused petitioner would be prejudiced.

9. That it is submitted that this Hon’ble Tribunal has ample power to pass an order under section 10(1)(f) of The International Crimes (Tribunal) Act 1973 read with 46A of the International Crimes Tribunal Rules of Procedure, 2010 to re-examine D.W.-1 for ends of justice.
The tribunal allowed him to be recalled, and the defense counsel, Abdus Subhan Taropder, read out the details of the exhibits

1. Two CD of credible documents made by Shahidul Haque Mama and a CD of an interview of him.
2. A book written by Poet Kazi Roji and the book is “Shahid(Martyred) Kobi (Poet) Meherunnesa”.
3. “Akattorer Dinguli” written by Jahnara Imam which was firstly published in 1986.
4. Some paper cutting about the case against Amir Hossain Molla.
5. FIR of pending case against Amir Hossain Molla.
6. Some other paper cutting arresting of Abdul Quader Mollah in 1995 with Tofael Ahmed.

Justice Obaidul Hassan: Mr. Prosecutor, see those documents and have you anything to cross-examine? 

Prosecution: I am refusing to cross-examine those documents.

Then court has been adjourned for that day.

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