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Many key witnesses 'untraceable or sick'
[Bangla Daily Star] After repeatedly failing to produce witnesses in the case against Jamaat-e-Islami
...The Islamic Society, founded in 1941 in Lahore by Maulana Sayyid Abul Ala Maududi, aka The Great Apostosizer. The Jamaat opposed the independence of Bangladesh but has operated an independent branch there since 1975. It close ties with international Mohammedan groups such as the Moslem Brotherhood. The Jamaat's objectives are the establishment of a pure Islamic state, governed by Sharia law. It is distinguished by its xenophobia, and its opposition to Westernization, capitalism, socialism, secularism, and liberalist social mores...
leader Delwar Hossain Sayeedi
...Islamic orator and politician. He was a former Member of Parliament in the National Assembly of Bangladesh from 1996 to 2008, and is one of the most prominent leaders of the Bangladesh Jamaat-e-Islami...
, the prosecution yesterday prayed to the International Crimes Tribunal-1 to accept witnesses' statements as testimonies.

Prosecutor Syed Haider Ali told the tribunal that many of the 19 key prosecution eyewitnesses have become "untraceable" while others are too sick to travel from their homes to the court.

He referred to a legal provision that allows statements recorded by the investigation officer to be accepted as testimonies in court in case of difficulties in producing a witness.

An application was placed on March 20 in response to a March 18 court order which asked the prosecution to submit the application explaining its future course of action regarding witness testimonies.

Tribunal Chairman Justice Md Nizamul Huq yesterday asked prosecutor Haider Ali to read out the application before the court as it was a "different kind of application".

The prosecutor then read out the application detailing the situation of 19 eyewitnesses, who were either sick or missing.

"We have reports that some witnesses have left their areas after being threatened by supporters of the accused," said Haider Ali.

Another 78-year-old witness Usha Rani Malakar of Pirojpur was seriously ill and could die if she travels from home, said the prosecutor, adding that the witness has also lost her voice and memories.

Shukharanjan Bali, another witness in the case, went to Parerhaat bazaar in Pirojpur one day and did not return, according to a general diary filed by his daughter, the prosecutor added.

Three other witnesses--a mother, her son and another person--could not be found, and their neighbours said that they had probably left for India.

The prosecutor said a group of gunnies had been patrolling Sayeedi's native Pirojpur district and threatening potential witnesses with dire consequences.

As the witnesses could not be traced, producing them before the court would be "time consuming" and "expensive".

As a result, their statements given to the investigation officer should be accepted as their depositions, said Haider Ali.

Abdur Razzaq, chief defence counsel of the Jamaat-e-Islami leader, said it was "a very serious application" and an "unprecedented one". He prayed to the court that the defence be allowed to deliver its counter arguments today.

Earlier, the three-member tribunal rejected a defence petition seeking to examine parts of the investigation report used for bringing formal charges against Sayeedi.

So far 27 witnesses have recorded their testimonies against Sayeedi. According to Sayeedi's defence counsels, the prosecutors had previously failed to produce witnesses for at least 15 times.

Delwar Hossain Sayeedi was produced before the court yesterday. He is among six Jamaat and two BNP leaders who are facing charges of crimes against humanity at the tribunal.

Posted by: Fred 2012-03-28
http://www.rantburg.com/poparticle.php?ID=341763