The Anti-Corruption Commission鈥檚 lawyer on Tuesday conceded to the arguments presented before the Appellate Division by businessman Giasuddin Al Mamun鈥檚 lawyer seeking Mamun鈥檚 acquittal in a Tk 20-crore money laundering case.
The case was filed in 2009 against Mamun and Bangladesh Nationalist Party leader Tarique Rahman, now the party鈥檚 acting chairman.
A four-judge bench, led by chief justice Syed Refaat Ahmed, set March 6 for delivering its verdict on Mamun鈥檚 appeal, which challenged the High Court鈥檚 July 21, 2016 ruling that upheld his seven-year prison sentence, initially handed down by a lower court in 2013.
In the same case, the High Court, acting on an ACC appeal, had sentenced Tarique to seven years, overturning the lower court鈥檚 acquittal.
Tarique, currently in London, was tried in absentia as a fugitive, while Mamun was freed on bail following the fall of the Awami League regime amid a mass uprising on August 5, 2024.
During the hearing, as the chief justice announced that Mamun鈥檚 appeal had been allowed, lawyer SM Shajahan raised concerns about the fate of non-appellant convict Tarique, given that his co-accused had been acquitted.
In response, the chief justice deferred the final judgment until March 6.
Mamun鈥檚 lawyer, Shaikh Mohammad Zakir Hossain, based his appeal on five key grounds, four of which were conceded by ACC lawyer Ashif Hasan when questioned by the chief justice.
One crucial argument was centered on the testimony of prosecution witness Khaliza Islam, a local agent of the Chinese company M/S Harbin Power Engineering.
Khaliza stated that the disputed amount鈥�$7,50,000 (equivalent to Tk 5 crore at the time)鈥攚as paid to Mamun as a consultancy fee and directly deposited in his Singapore bank account.
The defence argued that since income tax had been duly paid on the amount and Islam was not declared a hostile witness, the prosecution had failed to establish guilt beyond a reasonable doubt. Given this failure, Mamun鈥檚 lawyer contended that his conviction could not be legally upheld.
On November 17, 2013, Dhaka鈥檚 3rd Special Judge Court, presided over by Md Motahar Hossain, acquitted Tarique Rahman and jailed Mamun for seven years and fined him Tk 40 crore.
The ACC challenged Tarique鈥檚 acquittal by filing an appeal on December 5, 2013, while Mamun also appealed against his conviction.
On July 21, 2016, the High Court overturned Tarique鈥檚 acquittal, sentencing him to seven years in prison and fining him Tk 20 crore.
It upheld Mamun鈥檚 seven-year sentence but reduced his fine from Tk 40 crore to Tk 20 crore.
According to the case documents, the ACC had accused Tarique and Mamun of taking over Tk 20 crore in bribes and laundering the money abroad.
Following the verdict, Judge Motahar Hossain fled the country amid pressure from the then-Awami League regime.
