Dhaka, Nov 16 — Alleged war criminal Delwar Hossain Sayedee's defence lawyers have walked out of court after Justice Nizamul Huq joined the proceedings on Wednesday.
They filed two applications before walking out of the International Crimes Tribunal where Jamaat-e-Islami's executive council member is on trial on 20 counts of crimes against humanity including genocide, murder, rape, arson and loot.
Arguing for Sayedee, Tajul Islam told the court that the defence had filed two pleas on Wednesday morning, one demanding explanation from the tribunal, in the form of an order, why the tribunal's chairman Nizamul Huq did not recuse himself, and another for adjourning Sayedee's trial until the court disposed of its first application.
The tribunal said this application should have been filed at least the day before, according to custom that would allow them to be put up for hearing after completion of the court formalities.
The defence argued that it did not know whether Huq would be presiding over the court on Wednesday beforehand. Justice Huq pointed out that the hearing of that application had been disposed of and he had quite evidently not recused himself.
Tajul demanded that tribunal provide an explanation why despite what the defence deemed convincing arguments the chairman had not recuse himself and continued to hold hearings.
The tribunal fixed Nov 20 for disposing of that application but when urged to continue with the scheduled hearing of a review petition of Sayedee's indictment, the defence refused to proceed and walked out demanding that the tribunal chief explain himself first.
The tribunal said that the conduct of the defence lawyers had been "unwarranted" and "unbecoming". As for the review petition, the court said it was rejected since it was 'not pressed'.
Tajul told the press later that the defence would wait until its application is disposed of on Sunday. "We will decide then whether to continue with the hearings."
"We only hope that he behaves responsibly and steps aside."
The prosecution's Zead-Al-Malum briefing the press at the chief prosecutor's office said the defence had violated all kinds of ethics, code of conduct and customs that behove lawyers. "It was absolutely unprecedented and unacceptable."
The defence had petitioned on Oct 27 that Justice Huq should remove himself, 'recuse' in legalese, from the tribunal claiming that his neutrality had been compromised because of an earlier involvement.
Huq, the defence argued, had been part of a people's enquiry commission in 1993 and 94 and as such had collected evidence and testimonies against Sayedee. The defence held that the tribunal chair would then naturally harbour preconceived notions about the accused.
The prosecution raised a legal point and said the petition was not maintainable or in form. The prosecution further pointed out that the commission in question was not in any way part of the ongoing trial. Nor did it have any legal coverage.
The other two judges of the tribunal, ATM Fazle Kabir and AKM Zaheer Ahmed, held a hearing of that petition on Nov 13 in a crowded courtroom.
They ruled the following day that the laws did not provide for the tribunal judges to remove a co-judge. They also pointed out that the previous cases cited by the defence counsel Abdur Razzaq where judges were recused had the privilege of such laws. In conclusion, they left the matter of recusal to the 'good conscience of the judge' in question.
bdnews24.com
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