Tribunal removes state defence lawyer for Hasina over conflict of interest

The International Crimes Tribunal has removed lawyer Aminul Gani Titu from his position as state defence counsel for former prime minister Sheikh Hasina in a contempt of court case, amid growing controversy over a past social media post he made.

Supreme Court lawyer Amir Hossain has been appointed as Sheikh Hasina's new state-appointed lawyer, confirmed Gazi MH Tamim, prosecutor at the ICT. The tribunal also scheduled the next hearing in the case for 2 July.

The decision was made today (25 June) by a three-member bench led by Justice Md Golam Mortuza Majumdar after hearing from lawyer Aminul during the day's proceedings.

The tribunal stated that due to a conflict of interest, the individual cannot serve as state defense counsel in the case involving a leaked audio clip on social media in which Sheikh Hasina said, "I've got a license to kill 226 people". 

It added that the matter involves ethical considerations concerning the question of fair justice.

The tribunal also instructed senior Supreme Court lawyer AY Moshiuzzaman – appointed as amicus curiae in the case – to submit a written statement by next Wednesday, after he filed for a time plea.

Earlier on 19 June, Aminul Gani Titu was appointed as state defence counsel to represent Sheikh Hasina and a former Awami League leader from Gaibandha in the contempt case . The tribunal had also fixed 25 June for hearing arguments on behalf of the fugitive accused.

Aminul's appointment sparked widespread discussion on social media regarding ethics and fairness in justice in Hasina's case as many raised questions about a post the lawyer had made on the morning of 5 August last year, demanding death penalty for Sheikh Hasina.

ICT proceedings on the day

Yesterday, Aminul Gani Titu appeared before the tribunal in his role as Sheikh Hasina's lawyer. At the same time, Amicus Curiae in the case AY Moshiuzzaman, also appeared before the court and requested two weeks from the tribunal to prepare his statement. The tribunal, however, granted one week's time.

The tribunal then began hearing the statement of Aminul in his capacity as state defense counsel. 

At the start of his statement, Aminul said he felt honoured to be appointed as state defence counsel, describing it as a recognition of his 36-year legal career. He stated that he was fully prepared to defend the accused in the case.

However, when asked by the tribunal whether he had made a social media post demanding Sheikh Hasina's execution, Aminul admitted to it and said, "That was a personal matter. But as a professional lawyer, I want to provide legal defence for the accused."

The tribunal responded by saying that such a conflict of interest made it ethically inappropriate for him to remain involved in the case. 

His appointment was then officially revoked.

Speaking to reporters after the order, Aminul said he felt somewhat disrespected by the decision. "I believe I should have been consulted before being appointed to this case," he remarked.