'You talk too much': Tribunal rebukes state defence lawyer

The International Crimes Tribunal yesterday (3 November) admonished the state-appointed defence lawyer Amir Hossain, saying, "You talk too much. You make comments that put the court in an embarrassing position." 

This happened during cross-examination in a crimes against humanity case involving killing two and shooting another – Amir Hossain, who was hanging from a building's cornice in Rampura – during the July Uprising last year. Tabassum Akter Niha, wife of slain Md Nadim Mizan, testified before the ICT yesterday.

Amir Hossain is representing four absconding accused in the case including former DMP Commissioner Habibur Rahman.

The hearing took place before the two-member Tribunal-1 bench headed by Justice Md Shafiul Alam Mahmud. It was the third day of testimony in the case.

Tabassum Akter Niha testified as the third witness. After cross-examination by the defence for accused ASI Chanchal Chandra Sarker, she was questioned by Amir Hossain. During the questioning, he asked, "Did you see who shot your husband?"

The prosecution objected, saying, "Your previous lawyer already asked that same question, and she rejected it."

At this point, the tribunal asked Amir Hossain, "What will you gain from this? Her husband's death itself is evidence. Besides, she didn't name your clients."

The defence lawyer replied, "My lord, there's a long chain of reasoning. This question might still benefit my clients," and tried to justify his position.

Interrupting him, the tribunal said, "You talk too much and say things that embarrass the court. You've dragged out simple points unnecessarily before. What's the purpose of these questions? She (Niha) is a victim. Her testimony alone won't acquit your clients."

The tribunal further remarked, "If we make a mistake, you have the right to appeal. We're simply forming an opinion. This is a hearsay witness — and her husband was killed. That's why we're taking her testimony."

Acknowledging the remark, Amir Hossain replied, "Yes, my lord," and concluded his questioning.

Niha took the witness stand at 11:27am, accompanied by her three-year-old son, Anas Bin Nadim. Under oath, she gave a detailed account of her husband's killing and demanded justice.

Niha stated that on 19 July 2024, her husband went to the mosque in front of Rampura Police Station for Juma prayers. Around 2:30pm, locals brought him home in a pool of blood to her father's house in Banasree. "I saw blood flowing from his abdomen and fainted," she said. 

After regaining consciousness 5–10 minutes later, she learned that he had been taken to a nearby hospital. "Gunfire was still going on outside, so I couldn't go," she said. Doctors later declared her husband dead. She later found out that he was shot by police and BGB personnel while leaving the mosque.

She said that police tried to take away the body, but the family brought it to their flat. Protesters had gathered around their house, and helicopters fired tear shells at them. "One almost hit my mother, but my brother-in-law pulled her away. The shell exploded on the roof," she said. "I could hear the helicopter's noise and smell the gas inside the room—my eyes and face were burning."

Later that night, around 10pm, the body was taken by ambulance to Mirpur Eidgah, where Nadim was buried at the Martyred Intellectuals' Graveyard.

The only arrested accused in the case is former Rampura police ASI Chanchal Chandra Sarker. The absconding accused are former Khilgaon ADC Md Rashedul Islam, former Rampura OC Md Mashiur Rahman, and former SI Tarikul Islam Bhuiyan. The tribunal issued arrest warrants against them on 10 August.

The case also involves the shooting of Amir Hossain, who was hanging from the ledge of an under-construction building in Rampura to escape gunfire during the July 19 protests. Police allegedly fired six shots at him, causing him to fall from the third floor. Locals rescued him and took him to hospital; he later recovered after long treatment.

On the same day, Nadim Mizan and Maya Islam were shot dead in Rampura's Banasree area, and Maya's six-year-old grandson Basit Khan Musa was critically wounded. After treatment in Singapore, the child still cannot speak.