The International Crimes Tribunal was irked by an oblique comment made by the counsel of war crimes accused Mobarak Hossain on Monday.
Ahsanul Haq, lawyer of alleged Razakar commander Mobarak Hossain, was grilling the investigation officer when tribunal 1 prevented him from asking a question terming it “unnecessary.”
Later, however, when the tribunal permitted him to proceed with the question, Ahsanul addressed the tribunal in a sarcastic tone: “When someone is upstairs, things go one way. When someone is downstairs, the situation gets different.”
When the tribunal asked him what he had meant by that kind of a comment, the defence counsel said: “I only meant that the judges are enjoying a convenient position.”
One of the judges then reacted by saying: “We were also lawyers; but we have never heard anyone address a court in such language.”
Tribunal Chairman ATM Fazle Kabir, who was clearly annoyed, told the defense counsel: “We are seeing how audacious you are.”
Another judge then said: “Nothing is convenient or inconvenient for a sitting judge.”
As the defence counsel then apologised saying “sorry,” the tribunal replied: “This is a problem. We learn the word ‘sorry’ and it is easy to say.”
Ahsanul Haq later continued cross examining Shyamol Chowdhury, investigation officer of the war crimes cases against former Awami League leader Mobarak.
The defence claimed that Shyamol had taken the incidents described in the charge sheet from a book named “Ekattore Brahmanbaria,” written by Abul Hossain. Shyamol, however, snubbed out the claim.
As part of a separate query, the defence told the investigation officer that the accused was involved with the Awami League’s politics. In reply, Syamol said the accused had joined the Awami League after 1996. He also said: “It is not true that the witnesses gave statements following what I had told or trained them to say.”
The tribunal then adjourned hearing till tomorrow.
A total of 12 prosecution witnesses, including Syamol, have so far testified against Mobarak in the cases filed against him on charges of committing crimes against humanity during the 1971 Liberation War.
The tribunal today is likely to pass an order fixing the number of defence witnesses. Earlier, the defence filed an application seeking permission to produce 12 witnesses.
On April 23, Mobarak was indicted on five charges of crimes against humanity: killing 33 people in Akhaura; torturing Ashuranjan Deb in Rajakar Camp; and abductions and killings in Shampur. The tribunal specified that the crimes were committed from August-December 1971.