The International Crimes Tribunal 1 issued another caution on Monday to the counsels for war crimes suspect Motiur Rahman Nizami for their repeated absence and non-cooperative behaviour.
Before allowing the defence an adjournment for the day, the tribunal said they would close the defence case and begin closing arguments on Tuesday if the senior defence counsels did not appear.
On Monday was fixed for further deposition of fourth and last defence witness Nazibur Rahman, the son of the accused. But both the witness and conducting lawyer Mizanul Islam, did not appear before the tribunal citing security concerns during the hartal.
Earlier on Sunday, the tribunal ordered that the defence would have to confirm the presence of their witness while the tribunal would give its counsels protection if they pleaded beforehand.
But on Monday, only defence lawyer Asad Uddin, while admitting his failure to present the witness, submitted an adjournment petition seeking two more days.
The tribunal said it had information his seniors were present at the High Court on Sunday: “You said they were not able to come to the tribunal for lack of security and some personal difficulties. If someone can come to the High Court building, they can also be present at the tribunal building. Is that not so?”
Mentioning about committing to provide the defence lawyer security, the tribunal headed by Justice ATM Fazle Kabir said: “I have doubts about your cooperation. I told you earlier, if the counsels want, we will give them police escort and they are on standby here to provide you security on the streets. They are just waiting for the order as we are for your plea. Why are not you taking this facility?”
At one point, the tribunal chairman said: “I think the defence intentionally does not cooperate with the tribunal.”
The junior counsel then claimed that both the prosecution and the defence had been cooperating with the tribunal. This is why the case was at the final stage.
The tribunal then said even though there was no provision in the tribunal law to allow adjournment after framing of the charges, “We have been doing so from the very beginning but you people do not cooperate with us.”
Then Justice Kabir give the adjournment order for the day and ordered the defence to be present on Tuesday or it would close the defence case.