Defence concludes argument on charge No. 1 against Azharul

A defence counsel for war crimes accused ATM Azharul Islam, a 1971 'Al Badr' commander, pleaded on Thursday for not taking into consideration the recorded statement of late Abdul Jabbar Sarker, a prosecution witness, as evidence for proving the charge against his client that carries capital punishment, reports UNB.

Upon a prosecution plea under section 19 (2) of the International Crimes (Tribunals) Act, 1973, the three-member tribunal had accepted PW Jabbar Sarker's statement recorded by the investigation officer as evidence sans cross-examination against accused Azharul.

The provision of the Act empowers the tribunal in this connection that says: "A tribunal may receive in evidence any statement recorded by a magistrate or an investigation officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the tribunal considers unreasonable."