Prosecutor Rana Dasgupta’s appeal to the International Crimes Tribunal (ICT) 2 on Monday resulted in witness Abed Hossain being declared “hostile”, soon after his deposition to Justice Obaidul Hasan, Justice Md Mozibur Rahman Miah and Judge M Shahinur Islam.
The tribunal set May 20 for further proceedings.
Rana also requested to be allowed to cross-examine the “hostile” witness before the defence counsels were allowed to.
Referring to Abed’s deposition stating there were no Bangalis with the Pakistan army when he was being tortured, the prosecutor declared the witness had not mentioned Alim, although earlier he had done so to the case investigation officer (IO).
Rana asked Abed, the 19th prosectution witness, about the deposition he made to IO Altaf Hossain about the charges against Alim. “In your deposition to the IO, you said ‘a list of 28 persons prepared by Alim was sent to a local peace committee member Riaz Mridha who later handed over the list to the Pakistani occupational army at Pahunanda of Joypurhat.’”
Defence counsel Ahsanul Haque Hena interrupted before the prosecutor finished his question to Abed objecting: “The prosecution cannot ask questions regarding the IO’s investigation.”
The tribunal intervened to say: “The prosecution is not asking; he is cross examining.”
Afterwards Rana suggested the witness’s submission was misleading. He stated considering Alim’s powerful position, the witness was not being honest.
To which Abed replied: “Not true.”
The defence counsel speaking to the media after the proceedings said the prosecution witness was declared “hostile” because he was telling the truth. On the other hand, the prosecution claimed the defence’s support of the “hostile” prosecution witness clearly indicated something was wrong.
Rana said declaring a prosecution witness “hostile” would not hamper the case. “Rather if the tribunal thinks there was logical reason behind declaring the witness hostile, it may benefit the prosecution.”
Alim, a former BNP minister, is facing 17 charges including genocide and crimes against humanity he is alleged to have committed during the Liberation War in 1971.
The first tribunal was set up in 2010 to try those suspected of committing war crimes during the war. A second tribunal was established last year to speed up the trial procedure.
