A Dhaka court on Sunday allowed the Anti-Corruption Commission (ACC) to produce an official of Federal Bureau of Investigation (FBI) and two officials of Royal Canadian Mounted Police as witnesses in the Niko graft case.
The officials are Debra LaPrevotte Griffith of FBI and Kelvin Duggan and Lloyd Schoepp of Royal Canadian Mounted Police. Judge of the Special Judge's Court-9 in Dhaka, Sheikh Hafizur Rahman, passed the order after a hearing from the prosecution and defence on an application submitted by ACC on September 12.
Later, the judge set October 10 for next proceedings of the case.
Attorney General AM Amin Uddin on September 12 submitted the application with the court seeking permission to produce the three officials as witnesses in the case.
Meanwhile, the defence lawyers said they will move the High Court against the court order allowing ACC to produce foreign officials as witnesses.
Lawyers Aminul Islam, Syed Zainal Abedin Mesbah, Zia Uddin Zia appeared for the accused including BNP Chairperson, while Attorney General AM Amin Uddin represented the state and lawyer Khurshid Alam Khan appeared for the ACC.
Attorney General said, "When the investigation of the Niko corruption case was continuing in our country, the FBI of the United States and the Royal Mounted Police of Canada also investigated the corruption allegation. Later, through Mutual Legal Assistance, they send us their investigation reports.
Later, we prayed to the court to allow the investigators as witnesses in the case. After holding hearing from both the sides, the court allowed the petition. Now the foreign witnesses will be produced in the court in the case."
Advocate Aminul Islam said, "In order to produce a foreign witness in a case, an application must be placed under the Mutual Legal Assistance in Criminal Matters Act, 2012. However, the petition which was granted today (Sunday) was made under Section 540 of the Code of Criminal Procedure. We have said that this section does not say anything about foreign witnesses. However, the court allowed the application.
We are of the view that the Court has not properly considered in granting the order regarding the petition. This order has no legal basis. We are aggrieved by this order. My client (Khaleda Zia) will get redress if he appeals to the High Court against this order."
bikashju@gmail.com
