Isn’t it a conflict of interest?

The International Crimes Tribunal yesterday asked whether it would be a conflict of interest for newly appointed ICT Prosecutor Abdus Sattar since he worked as a defence counsel during previous war crimes trials and is now representing the state in a case concerning crimes against humanity in 1971.
At the beginning of yesterday's hearing, Justice Md Golam Mortuza Mozumder, chairman of the three-member tribunal, asked Sattar what will happen if the question of conflict of interest arises?
Responding to the tribunal's query, ICT Chief Prosecutor Tajul Islam said, "If a lawyer represents one side in a case and later takes up the opposite side in the same case, that would be a conflict of interest. However, if a lawyer represents the defence in one case and the prosecution in another, that would not be considered a conflict of interest."
After the hearing, reporters asked Tajul about the matter. He said a person may be a defence lawyer today and join the prosecution tomorrow in another case. That's not a big issue. It does not amount to a conflict of interest.
This is a well-known and common principle, he added.
Following the July uprising, at least four lawyers, who previously worked as defence counsels during the war crimes trials, have been appointed prosecutors in the restructured ICT.
Chief Prosecutor Tajul himself had earlier served as a defence lawyer.
On March 27 this year, lawyer Sattar was made an ICT prosecutor.
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