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Court finds Kazmi guilty of lying

Judge threatens to replace Kasabs lawyer who is ready to withdraw
Last Updated 26 November 2009, 19:42 IST
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The issue rocked the special court when Special Public Prosecutor Ujjwal Nikam expressed his intention to seek the court’s permission to examine 340 more formal witnesses in the terror attacks trial.

These would be in addition to the 271 witnesses already examined so far in person by Nikam in the past eight months during the trial.  Upon Nikam’s submission, Kazmi got up and said he was not informed of this development.
Nikam, however, pointed out to Special Judge M L Tahaliyani that not only had he expressed his intention to examine the formal witnesses through an affidavit right at the early stages of the trial in May, but on November 17 had even sent all the copies of the 340 affidavits to Kazmi.

Crystal clear
Accepting his contention, Tahaliyani termed Kazmi’s denial as “a crystal clear lie” and said that all this had happened in the open court in the presence of the defence lawyer.
“How can you now deny it?” Tahaliyani demanded of Kazmi. The defence lawyer said that he was not aware that the prosecution would be examining these 340 witnesses through affidavits.

Tahaliyani warned that if the defence lawyer continued with such an attitude, the court would have to consider whether he should be allowed to continue with the trial or not.
Nikam said that if Kazmi tendered an unconditional apology, then he should be allowed to continue. Otherwise, the special court could take a decision in the matter.
Kazmi said if the court so desired, he was prepared to withdraw from the case.
Tahaliyani has kept the matter for his ruling on Friday.

In case Kazmi is replaced, he will be the second defence lawyer for Kasab to face the axe.

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(Published 26 November 2009, 19:41 IST)

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