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War Crimes Trial

Yusufs lawyers' continuous absence prompts closure of cross-examination

Proceedings against Mobarak, Khokon adjourned as defence, prosecution fail to produce witnesses

Staff Correspondent
The International Crimes Tribunal-2 yesterday closed the cross-examination of another prosecution witness in the case against Jamaat-e-Islami leader AKM Yusuf as his senior counsels were absent again.
The tribunal closed the cross-examination of Babul Kumar Mistri, the 14th prosecution witness, when a junior defence counsel also expressed his inability to cross-examine him.
Earlier, the three-member tribunal led by Justice Obaidul Hassan closed the cross-examinations of 12th and 13th prosecution witnesses on similar grounds as senior defence counsels have been absent from the tribunal during blockades of the opposition alliance.
The tribunal had fixed yesterday to cross-examine Babul but Gazi HM Tamim, the junior defence counsel, sought a three-day adjournment as Syed Mizanur Rahman, the defence counsel conducting Yusufs trial, could not appear before the court due to "avoidable situation."
However, the tribunal, irritated by repeated time petitions on similar ground, rejected Tamim's petition. It asked Tamim to cross-examine the witness, but when he declined, the court closed the cross-examination.
"Everyone, including the judges, witnesses, and even family members of the accused, can appear before the court but only he [Mizanur Rahman) cannot. It seems he is determined not to appear before the
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court (during blockades]. It is a sort of challenge to the court," said Justice Hassan.
The tribunal adjourned the case proceeding until Sunday.
Senior counsels of Jamaat leaders have been absent in court proceedings during hartals or blockades citing "unavoidable situation" or "security reasons", and they have also refused police protection during such protest programmes.
Prosecutor Rana
Dasgupta yesterday told The Daily Star that the tribunal cannot sit idle if the defence "intentionally" boycotts.
"It is one of their (defence) tactics to delay case proceedings," he added.
Mizanur Rahman told The Daily Star over phone that, "The High Court and the Supreme Court do not sit (during blockades], but if the tribunal still fixes dates knowing that, then it becomes impossible for us to move with the proceedings."
Claiming he was absent due to "security reasons", he said, "The court should understand the country's real situation." ICT-1
The International Crimes Tribunal-1 yesterday adjourned the proceedings of war crimes cases against AL leader Mobarak Hossain and BNP leader MA Zahid Hossain Khokon as the defence in Mobarak's case and the prosecution in Khokon's case failed to produce their witnesses.
Prosecutor Sabina Yesmin Khan told the tribunal that they could not produce their witnesses due to the blockade and sought adjournment.
In Mobarak's case, defence counsel Tariqul Islam told the tribunal the same reason for failing to produce their witness. He prayed for a three-day adjournment.
The tribunal adjourned Mobarak's case until December 8 and Khokon's until December 9.