Appointing lawyer for Hasina a matter for court, not prosecution: Toby Cadman

Regarding the appointment of Aminul Gani Titu as the defence lawyer for the absconding former prime minister Sheikh Hasina, Toby Cadman, British lawyer and special adviser to the Chief Prosecutor of the tribunal, said that the appointment is a matter for the court, not the prosecution.

He stated, "There must certainly be a standard in this matter. It is the judges' responsibility to consider the standards applied. A state-appointed lawyer must have sufficient experience so that they can represent any accused properly and independently before the tribunal."

In a case involving a leaked audio clip on social media in which Sheikh Hasina said, "I've got a license to kill 226 people," the tribunal appointed Supreme Court lawyer Aminul Gani as "state defence counsel" on 19 June to represent Sheikh Hasina in her absence. 

It has been alleged that on 5 August last year, Aminul Gani made a Facebook post demanding Sheikh Hasina's execution.

When asked by journalists whether he believed Aminul Gani was suitable for this role, Cadman replied, "That is not a matter for the prosecution. It is not about what I believe. It is a matter for the judges. If an accused is dissatisfied with a state-appointed lawyer, they must raise the issue before the tribunal."

Cadman made these comments in response to a journalist's question today at the tribunal premises.

In response to how a fugitive accused could inform the tribunal of their dissatisfaction, Cadman said, "There are two issues here. Firstly, if an accused does not want to appear before the tribunal but wishes to appoint a lawyer to safeguard their rights, that is one situation. 

"But if an accused boycotts the trial, then it becomes the responsibility of the judges to ensure the accused's rights are protected so they receive a fair trial. In such cases, it is for the judges to appoint a competent lawyer to represent that accused. I cannot say more than that."