This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/world/2013/apr/14/hosni-mubarak-retrial-collapses-judge
The article has changed 5 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| Hosni Mubarak retrial collapses as judge steps aside in opening statement | Hosni Mubarak retrial collapses as judge steps aside in opening statement |
| (9 days later) | |
| The retrial of ousted Egyptian dictator Hosni Mubarak collapsed just minutes after it started on Saturday, as the judge used his opening statements to recuse himself from proceedings and referred the case to another court. | The retrial of ousted Egyptian dictator Hosni Mubarak collapsed just minutes after it started on Saturday, as the judge used his opening statements to recuse himself from proceedings and referred the case to another court. |
| Mubarak was sentenced to life in jail last June on charges of corruption and complicity in the murder of protesters during the 2011 uprising. But he was granted a retrial in January after a Cairo court agreed the prosecution's case had been poorly prepared. | Mubarak was sentenced to life in jail last June on charges of corruption and complicity in the murder of protesters during the 2011 uprising. But he was granted a retrial in January after a Cairo court agreed the prosecution's case had been poorly prepared. |
| Now the process has been postponed further, after judge Moustafa Hassan Abdallah resigned on the grounds that any judgment he made would be viewed suspiciously because of his involvement in controversial trials of Mubarak-era officials. The decision sparked pandemonium in the court, as lawyers and relatives of people killed during the 2011 uprising began shouting. | Now the process has been postponed further, after judge Moustafa Hassan Abdallah resigned on the grounds that any judgment he made would be viewed suspiciously because of his involvement in controversial trials of Mubarak-era officials. The decision sparked pandemonium in the court, as lawyers and relatives of people killed during the 2011 uprising began shouting. |
| The court session was Mubarak's first public outing in nearly a year – and he appeared in much better health than in his last. He arrived in court wearing sunglasses, smiled and waved at onlookers, and seemed relaxed – perhaps hopeful that today's proceedings would secure his release. Instead, he will return to jail while the practicalities of his next hearing are decided. | The court session was Mubarak's first public outing in nearly a year – and he appeared in much better health than in his last. He arrived in court wearing sunglasses, smiled and waved at onlookers, and seemed relaxed – perhaps hopeful that today's proceedings would secure his release. Instead, he will return to jail while the practicalities of his next hearing are decided. |
| Abdallah had previously adjudicated in the controversial prosecution of 24 officials accused of coordinating the Battle of the Camel, a clash between revolutionaries and the regime in 2011. He acquitted them all, prompting concerns that he was a Mubarak sympathiser. | Abdallah had previously adjudicated in the controversial prosecution of 24 officials accused of coordinating the Battle of the Camel, a clash between revolutionaries and the regime in 2011. He acquitted them all, prompting concerns that he was a Mubarak sympathiser. |
| Outside the court, prosecution lawyers welcomed Abdallah's resignation. "We were going to ask for this anyway," said Kadry Farid, a senior member of the prosecution. "It was a fatal decision to assign him to this case." Farid added that Abdallah had not allowed the prosecution to submit crucial pieces of new evidence – a decision he hoped would be reversed by a new judge. | Outside the court, prosecution lawyers welcomed Abdallah's resignation. "We were going to ask for this anyway," said Kadry Farid, a senior member of the prosecution. "It was a fatal decision to assign him to this case." Farid added that Abdallah had not allowed the prosecution to submit crucial pieces of new evidence – a decision he hoped would be reversed by a new judge. |
| But the news infuriated the 50 pro-Mubarak demonstrators who had assembled with banners, drums and photographs of their jailed idol to protest his continued incarceration. "They put pressure on him because he is a fair judge. They don't want him to let Mubarak out," claimed Aryat Osman, holding a photograph of the former dictator. "Mubarak is the solution," chanted the crowd, some of whom also briefly scuffled with the supporters of people killed during the 2011 uprising. | But the news infuriated the 50 pro-Mubarak demonstrators who had assembled with banners, drums and photographs of their jailed idol to protest his continued incarceration. "They put pressure on him because he is a fair judge. They don't want him to let Mubarak out," claimed Aryat Osman, holding a photograph of the former dictator. "Mubarak is the solution," chanted the crowd, some of whom also briefly scuffled with the supporters of people killed during the 2011 uprising. |
| Pro-revolution supporters, separated from the Mubarak crowd by a cordon of riot police, also expressed disappointment with the legal process. For the families of victims, Abdallah's resignation is small comfort given that Mubarak may still be acquitted in a future trial. "Mubarak should have been in jail a long time ago," said Ali Abu Sariar, who symbolically held up a hangman's noose. "Why should we follow these procedures? After the revolution in France, a symbol of democracy, they executed a lot of people." | Pro-revolution supporters, separated from the Mubarak crowd by a cordon of riot police, also expressed disappointment with the legal process. For the families of victims, Abdallah's resignation is small comfort given that Mubarak may still be acquitted in a future trial. "Mubarak should have been in jail a long time ago," said Ali Abu Sariar, who symbolically held up a hangman's noose. "Why should we follow these procedures? After the revolution in France, a symbol of democracy, they executed a lot of people." |
| Revolutionaries are also frustrated about the failure of the prosecution to mount a convincing case against Mubarak. When Mubarak was granted the right to a retrial this January, opposition activists initially hoped it would allow the evidence compiled within a newly completed presidential report about Mubarak-era abuses to augment the prosecution's case. But Kadry Farid, a senior lawyer for the prosecution, admitted that his team had not had the time to look into the report's findings. When parts of the report were leaked to the Guardian this week, its findings were even criticised by the president himself, which suggests that there is little political will within any part of the Egyptian state to take its conclusions seriously. | Revolutionaries are also frustrated about the failure of the prosecution to mount a convincing case against Mubarak. When Mubarak was granted the right to a retrial this January, opposition activists initially hoped it would allow the evidence compiled within a newly completed presidential report about Mubarak-era abuses to augment the prosecution's case. But Kadry Farid, a senior lawyer for the prosecution, admitted that his team had not had the time to look into the report's findings. When parts of the report were leaked to the Guardian this week, its findings were even criticised by the president himself, which suggests that there is little political will within any part of the Egyptian state to take its conclusions seriously. |
| Mubarak remains in custody for now – and were he to be released in subsequent proceedings, most Egyptians are likely to respond furiously. But for the time being, his retrial has not stirred the same heightened level of emotion as his conviction last year. "Last year, everyone was waiting," said professor Khaled Fahmy, head of history at the American University in Cairo, and a prominent Egyptian columnist. "It set a precedent, and it was a very, very significant move in Egyptian history. Now, we have already seen him behind bars. It's not that he's been forgotten, but it has become less of an issue." | Mubarak remains in custody for now – and were he to be released in subsequent proceedings, most Egyptians are likely to respond furiously. But for the time being, his retrial has not stirred the same heightened level of emotion as his conviction last year. "Last year, everyone was waiting," said professor Khaled Fahmy, head of history at the American University in Cairo, and a prominent Egyptian columnist. "It set a precedent, and it was a very, very significant move in Egyptian history. Now, we have already seen him behind bars. It's not that he's been forgotten, but it has become less of an issue." |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. |
| Our editors' picks for the day's top news and commentary delivered to your inbox every weekday. |