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Sayedee's Trial

ICT accepts statement of witness who died recently

Staff Correspondent
The International Crimes T r i b u n a I -1 yesterday accepted the statement of another witness, passed away recently, as evidence against Jarnaat leader and war crimes accused Delawar I iossain Sayedee.
With this, the number of witnesses against the Jamaal leader will be 28, excluding Investigation Officer Helal Uddin.
Meanwhile, the tribunal extended the deadline of cross-examining Helal Uddin to August 13 from yesterday as Sayedee's counsels sought for more time to complete quizzing him.
Mentioning that witness Mukunda Chakraborty died three and a half months ago, Prosecutor Syed Haider Ali in his petition urged the tribunal to accept his statements as evidence in line with the rules of evidence of the International Crimes (Tribunals) Act, 1973.
According to Rule 19(2) of the Act, a tribunal may receive in evidence any statement recorded by a magistrate or an investigation officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without any amount of delay or expense which the Tribunal considers unreasonable.
On March 29, the tribunal accepted statements of 15 absentee witnesses, given to an investigation officer, as evidence against Sayedee and refused to do the same for 31 other depositions.
Mukunda, who died on April 21, was one among the 31 witnesses.
Opposing the petition, defence counsel Mizanul Islam questioned why the tribunal would accept the statement even though it was rejected earlier.
Justice Anwarul Huq, one of the three-member tribunal, told the defence, "The slate of the witness is different now.” There was no problem to accept the statement as evidence as Mukunda passed away.
Mizanul argued saying that had the witness was so important to the prosecution, then they would have tried to produce him following the rejection. But they did not do it, he added.
Following the hearing, tribunal Chairman Justice Md Nizamul Huq accepted the petition and asked the defence to cross-examine Helal Uddin on the matter.
Nizamul Huq also observed that the defence needed more time to cross-examine the IO as it was not possible to complete by the scheduled deadline, yesterday.
The tribunal chief also mentioned that after Thursday's order regarding the deadline, the defence counsel yesterday performed well to complete the cross-examining.
The defence yesterday cross-examined Helal Uddin for the 46th day.
Nizamul Huq in his order also mentioned that the defence counsel was not feeling well.
"Considering all the matter, the tribunal is inclined to give defence more time,” he said and added that the defence would have to complete cross-examining the IO by August 13.
"No more time will be allowed,” said Nizamul Huq.
The tribunal yesterday rejected another petition of Sayedee's counsels regarding quizzing Helal Uddin about the contents of two confidential reports about inability of producing the 46 witnesses.
Those were submitted to the tribunal on March 17 and 19.
Sayedee, who is facing 20 specific charges of crimes against humanity committed during 1971 Liberation War, was produced before the tribunal yesterday.
The tribunal adjourned its proceedings until August 12.