War crimes tribunal slams prosecution's sloppiness

Criticising the prosecution for its sloppiness, International Crimes Tribunal-1 yesterday rejected its review petition to take into cognisance a war crimes charge against three persons of Jessore.

Moshiar Rahman and Ojiwar Morol of Chingra and Akram Hossain of Bhalukghar Mollapara in Keshabpur upazila, Jessore were cleared on September 8. It was a first for the war crimes trials.

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However, charges were accepted against nine others, including former BNP and Jamaat-e-Islami lawmaker Shakhawat Hossain.

As per court sources, Ojiwar's name had been left out from both the police's investigation report and prosecution's formal report.

Citing it a typo, prosecutor Tapas Kanti Baul yesterday apologised, saying witnesses had given statements testifying that the three had aided war crimes.

The charges can be taken into cognisance since the trial was at the initial stage, added Acting Chief Prosecutor Syed Haidar Ali.

A cynical Justice M Enayetur Rahim, leading the three-member tribunal, asked whether names of the remaining two had also been included mistakenly.

"They (investigation officer) gave you the report and you submitted it accordingly. Then what is the prosecution's job?" he said.

"Before the order (clearing the three), we have asked (prosecutor) Zead Al Malum whether their names are mentioned in the Razakar's list. He replied in the negative," he said, adding that only then had the three been discharged.

Prosecution sources say that Jessore District Muktijoddha Command Council prepared a list in 2010. Justice Enayetur recommended that the prosecutors focus on proving the charges against the nine.

The prosecution pressed five charges, over the killing of two persons, rape of one and torture on two others in Keshabpur during the 1971 Liberation War, against the 12 on July 27.

TAHER AND NONI'S CASE

The 18th prosecution witness, Subodh Chandra Dev Roy, testified how his maternal uncle was shot dead by a group of Razakars led by war crimes accused Obaidul Haque alias Taher and Ataur Rahman alias Noni in Netrakona during the Liberation War.

Subodh said Taher, Noni and the other Razakars arrived in their village in the morning of November 15 and tied up seven persons, including his uncle Ramchandra Talukder Lebu. Ramchandra was shot dead immediately while the rest were taken to Netrakona town and tortured in a bungalow. One banker was released but the rest shot dead, he said, adding that he had heard it from three witnesses.