Why acquitted of 8 charges:Daily Star

The International Crimes Tribunal-1 cleared Jamaat Ameer Motiur Rahman Nizami from eight charges, including of genocide, conspiracy of and incitement to killings, thanks to lack of evidence. A total of 16 charges for wartime offences were framed against Nizami. "The accused is held not guilty of the offences of 'genocide' and 'crimes against humanity [killing, conspiracy and incitement]' and be ac
quitted of the said eight charges”, the verdict reads. Out of the eight charges, four were brought against the war criminal for his inciting speeches at different parts of the country during the 1971 Liberation War. The tribunal said that the prosecution did not examine any witness to prove the offence of incitement. Rather, it produced only four clippings of the Daily Sangram and six Police Abstract Reports. No element of the offence of incitement, the tribunal said, was found after assessing the evidence. The prosecution examined four hearsay witnesses to prove the charge relating to committing genocide -- killing of 70 Hindus at Brishalikha village in Pabna. Advertisement "On consideration of the entire evidence and the materials on record as discussed above, it appears to us that only the four witnesses adduced hearsay evidence having no probative value to rely upon,” the verdict reads. The tribunal said the involvement of the accused in commissioning those offences appears to be doubtful, and as such the benefit of doubt must be given to the accused. Another charge against Nizami was committing persecution by destroying the house of Anil Chandra Kundu and many others by setting fire to them in Sonatola village of Pabna. The prosecution produced only one witness -- Rathindra Nath Kundu, who heard about the incident from his brother-in-law Anil. The tribunal said that a reasonable doubt arises whether the alleged occurrence took place and whether the accused in any way was involved in commissioning the alleged offence. Nizami was also charged for his alleged involvement in mass killings in Arpara and Vutergari under Ishwardi Police Station. "In order to prove the charge, the prosecution did not examine any witness nor it submitted any documentary evidence in support of the prosecution case,” the tribunal said. One of the 16 charges against Nizami was frequently visiting the Rajakar camp at Santhia Pilot High School with Rajakar commander Samad Mia to conspire to commit crimes. The prosecution examined three hearsay witnesses to prove the charge. "There is no reliable evidence to prove that [the] accused was involved in making [hatching] conspiracy with his associates at Sathia [Santhia] Pilot School. In view of the fact, we are inclined to hold that the prosecution has failed to prove the instant charge beyond reasonable doubt," the tribunal said in the verdict.