Wednesday, November 21, 2012

9 Oct 2012: Sayedee safe house witness order

At the beginning of the morning hearing, the Chairman first passed an order relating to the application concerning witnesses in Sayedee. Summary below.
The application is disposed of subject to the following observations:

i. The defense is authorized to bring witnesses as they wish. They can bring those witnesses (mentioned in the Application) but it must be within the limit of 20 defense witnesses.

ii. The Tribunal will not issue summons upon those witnesses. If the defence wants to bring any of those witnesses then it is upto them to arrange attendance of those witnesses in the Tribunal.

iii. According to Section 8 (1) of the 1973 Act the members of the investigation agencies are to assist the prosecution in the trial. So the defence cannot bring any of the persons of the Investigation Agencies persons as defense witness if objected by the Prosecution.

iv. The defense may bring the person as defense witness from whom these documents were collected.
In relation to Gholam Azam the order also stated that within 14-10-2012 the defence is required to submit the 12 names of the defence witnesses.

The tribunal then made another order in relation to the admissibility of evidence. It stated that - in summary:
Application allowed and the additional document volume 12 may be exhibited. But these documents need to be exhibited through defence witnesses.

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