The retrial of former Egyptian President Hosni Mubarak collapsed
when the presiding judge withdrew from the case and referred it to
another court, causing an indefinite adjournment that sparked anger in
the courtroom.
"The people demand the execution of Mubarak!" relatives of
demonstrators killed in the 2011 uprising that overthrew him chanted in
court after presiding Judge Mustafa Hassan Abdullah announced the
decision at the opening session.
Outside the heavily guarded compound, pro-Mubarak demonstrators
outnumbered opponents. The two groups were kept well apart by a police
cordon and there were no incidents.
Mubarak, 84, who ruled Egypt for almost 30 years before being
toppled by 18 days of Arab Spring pro-democracy unrest, waved and smiled
to supporters from the defendants' cage in the courtroom before the
brief hearing began.
He was flown by helicopter from a military hospital where he has
been detained to the police academy used as a courthouse, and wheeled
from an ambulance into the building lying on a hospital trolley wearing a
white tracksuit.
Mubarak, former Interior Minister Habib al-Adli and four top aides
face a retrial for complicity in the murder of more than 800 protesters
after the highest appeals court accepted appeals by both the defense and
the prosecution in January.
Two other senior interior ministry officials face lesser charges.
But the judge, who like most of the current judiciary was appointed
under Mubarak, said he had decided to refer the case to the Cairo
appeals court as he felt "unease" in reviewing the case. He did not
explain his decision further.
He has previously acquitted top former Mubarak era officials on
charges of orchestrating violence when pro-democracy activists were
attacked by thugs riding on camels in Cairo's central Tahrir Square.
"We ask for the harshest possible sentence on Mubarak due to the
cruel crimes he committed against the protesters, but we are happy with
the judge's decision to withdraw as we had worries about him given his
ruling (on) the camel attack case," said Mohamed Abdel Wahab, a lawyer
for the victims.
It was the first time Mubarak, who wore gold-rimmed aviator
sunglasses in court, had been seen in public since he and Adli were
convicted last June on grounds of failing to stop the killing, rather
than actually ordering it.
Mubarak's two sons, Alaa and Gamal, were also in court to be retried on separate charges of financial corruption.
Propped up on a gurney in a cage with the other defendants, he
looked fitter and more relaxed than on previous appearances in the dock,
holding animated conversations with his son Gamal, and occasionally
smiling and waving to people in the courtroom.
COMPETING DEMONSTRATIONS
Prosecutors accuse
Mubarak of giving orders to Adli to open fire with live ammunition
against protesters to suppress demonstrations across the Arab world's
most populous country.
Mubarak and his interior minister were sentenced to life
imprisonment at their first trial but the appeals court upheld
complaints stemming from the weakness of the evidence offered by the
prosecution.
Outside the court, pro-Mubarak demonstrators chanted "thirty years
without destruction!" in reference to accusations that the Muslim
Brotherhood movement which won free elections after his ouster are
destroying the country.
"The word ‘sorry' is not enough!" the pro-Mubarak crowd chanted.
Some held posters of Mubarak and signs reading "Where are your days?"
"Look at the country now," said a supporter who gave his name as
Ibrahim. "When Mubarak fell, there were $40 billion (in foreign
reserves). And now after two years, we are going bankrupt. The whole
country is suffering from this economic crisis, from this lack of
security."
Across the square, relatives of victims of Mubarak's security forces held posters of young men killed in the revolt.
"What can I expect from this trial? If there was justice in this
country, the first trial would have been fair," said Eman Saeed, whose
24-year old son Mohab died in January 2011 after marching from the
working-class district of Shobra to Tahrir Square. Saeed said Mohab died
from bullet wounds to the chest.
Mubarak became the first ruler toppled by the Arab Spring uprisings
to stand trial in person. But the case has also exposed the difficulties
of transitional justice in a country where the judiciary and security
forces are still largely run by men appointed during the Mubarak era.
The prosecution complained that the interior ministry had failed to
cooperate in providing evidence, leading to the acquittal of six senior
ministry officials tried with Mubarak.
The trial irked Gulf Arab rulers in Saudi Arabia and the United Arab
Emirates, of whom the former air force commander had been a loyal ally
for decades.
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