A Dhaka court yesterday rejected a defence petition to scrap the testimonies of the plaintiff of the Zia Charitable Trust and Zia Orphanage Trust graft cases, but accepted a separate plea that sought more time to cross examine the plaintiff.
Judge Abu Ahmed Jamadar of Special Judge Court 3 rejected the first petition by BNP Chairperson Khaleda Zia’s counsels, but allowed the defence more time to cross examine plaintiff Harun-ur-Rashid in the Zia Charitable Trust graft case.
ACC Deputy Director Harun completed his unfinished deposition in the Charitable Trust case yesterday, before the judge adjourned proceedings until June 18. He earlier testified in the Orphanage Trust graft case.
Khaleda was present at the court during the hearing yesterday. She arrived at court a little before 11am amid tight security.
ACC lawyer Mosharraf Hossain Kajal contested the pleas at court.
At the beginning of the hearing, Khaleda’s counsel Khandaker Mahbub Hossain submitted a petition for expunging the plaintiff’s statements in the Orphanage Trust case, claiming it was illegal to record the statement in absence of the BNP chief.
The court said Khaleda had earlier prayed for not appearing before the court on several dates and the court had accepted those pleas. As the other three accused, who are on bail, were present before the court on the dates when the testimony was recorded, the procedure was legal, the court added.
“You [Khaleda’s counsels] had pleaded several times to carry on with proceedings in her [Khaleda's] absence when she could not come to the court,” the judge said.
After the court rejected the petition, the defence counsel said: “We will to go to a higher court challenging the rejection order.” He also requested the court to allow time to go to the higher court with the petition.
The court replied: “It is your decision whether to go to the higher court or not. There is no option of granting time for that.”
In another petition, Khaleda’s lawyers asked for more time to prepare for the hearings as they were busy with the bar council elections.
The judge saw merit in this plea and said: “Being busy with the polls is justified. Time can be given for preparing for the case. However, I will not give time so that you can go to the High Court.”