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War Crimes Trial

Sloppy prosecution riles tribunal

Its failure to prove authenticity of own documents causes deferment of Mobarak's trial, which was supposed to conclude yesterday

Staff Correspondent
The war crimes proceedings against Brahmanbaria Awami League leader Mobarak Hossain could be completed at the International Crimes Tribunal-1 yesterday but the prosecution's failure to prove the authenticity of their own documents led to its deferment till May 27.
The three judges of the tribunal yesterday expressed their annoyance at the prosecution for "wasting government money by submitting unnecessary, voluminous documents" to the tribunal and “handling the case carelessly'1.
In the final probe report, a note was written citing some instructions for the
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prosecutors, but the prosecution submitted the copy to the tribunal without editing.
Referring to this, Justice Jahangir Hossain Selim told prosecutor Sahidur Rahman, "It seems you didn't check the report properly and submitted it...We can't speak more because journalists are here."
Earlier, prosecutors Syed Haider Ali and Sahidur Rahman, in response to a query of the tribunal, said they would prove the authenticity of a list of Brahmanbaria's Razakar members yesterday, but they failed to do so. The list was put into question because it was created in 2012, about one year after the case was filed. Mobarak's name was on that list.
Moreover, when the proceedings was supposed to conclude yesterday, one year after the indictment, the prosecution came up with a plea to correct the timing of an incident.
The charge mentioned that Mobarak and his armed associates abducted one Abdul Khaleque, an aide of freedom fighters of Satian village, around 9:00pm on November 11, 1971, but the prosecution yesterday said it would be 9:00am, and verbally prayed for correcting it.
At this, the tribunal chairman, Justice M Enayetur Rahim, said, "You [Haider] will walk around and pray for a revision, and we will accept it? The tribunal then asked for a written application.
Defence counsel Tajul Islam, however, vehemently opposed any correction. "We cross-examined the witnesses on the basis of 9:00pm. Now if it is revised, do we get any chance to cross-examine the witnesses again?"
Prosecutor Haider said such an error might occur, so there was no problem correcting it.
Defence lawyer Tajul also argued that the prosecutors sought conviction of Mobarak but they were confused how it would be done. "To convict me [Mobarak], they will
have to establish a specific character but they have failed to do it. They were not even close to the truth," Tajul said on behalf of his client.
Tajul said the prosecution mentioned Mobarak as member of Akhaura peace committee, Razakar commander of Akhaura thana, and Razakar commander of Suhilpur union but did not produce any "believable” documents supporting the claim.
Referring to a prosecution document where one Mobarak Hajji was enlisted as member of Brahmanbaria Peace Committee, Tajul said that according to the prosecution, he was 21 years old then but "how could he became Hajji (Hajj pilgrim) atthatage?"
Besides, Akhaura thana was created in 1976, he said. "So, how could Mobarak was the commander of the thana back in 1971 ?
Though the prosecution did not bring any charge of superior responsibilities against Mobarak, prosecutor Haider on Monday placed arguments on this matter.
Mobarak, who is facing five charges for alleged involvement in murder, abduction, confinement, torture and loot, was produced yesterday.
CONTEMPT PETITION AGAINST KALER KANTHO
Meanwhile, the tribunal adjourned till today the hearing of a contempt petition against the Bangla daily Kaier Kantho, which was filed by the prosecution over one of its reports last week.
After the adjournment, prosecutor Mohammad Ali drew the tribunal's attention to a report of another daily, published Monday, where some prosecutors were called "unskilled, non-patriot".
About this, Justice Enayetur Rahim said, "Should the tribunal decide whether a prosecutor is patriotic or not? The tribunal does not appoint prosecutors; it's the duty of the government."