Mubarak's trial gets serious as the rowdy spectacle continues

Dina Samak , Monday 5 Sep 2011

We were told to think of the protesters as our brothers and sisters, claim key police witnesses in testimony that could strengthen Mubarak's defence

Protesters burning Mubarak

For about twelve hours the old dictator had to stay lying on his stretcher, surrounded by his sons, the former minister of the interior, and six of his most loyal and senior officers. Mubarak could barely be seen in court, as dozens of policemen dressed in plain clothes were seated, as usual, in such a way as to keep the eyes of the keen spectators away and also to provide the needed protection and security in the third session of the toppled president's trial.

This time Egyptians were not as lucky as the last two sessions, for there was no camera to capture the image of the 83-year-old who was wheeled into court on a hospital bed. "Present", his reply to the judge’s call in the beginning of the session, was the sole proof to many that he was there.

As for Mubarak's sons, Alaa and Gamal, who entered the courtroom in handcuffs for the very first time during the trial, they finally had a chance to sit down after spending the first two sessions standing in front of their father's bed trying to keep him away from the cameras. This time there were no cameras. Presiding Judge Ahmed Refaat had decided at the end of the second round to ban TV broadcasting from the trial, in a step that was understood by many as a way to keep plaintiff lawyers away. However, the absence of the live broadcast, cameras, laptops and mobile phones did not stop the courtroom from turning into a rowdy spectacle.

A few minutes past 11 o’clock, the session started and so did the regular clashes between the defendants of the accused and those of the families of the protesters killed and injured in the first days of the revolution. As the session started a woman dressed in black was able to hold up a banner asking about "the rights of the police martyrs". As the lawyers tried to attract the judge's attention to the banner, the woman started shouting, saying that she was a mother of a policeman and that her son was defending himself and others when he was killed by protesters.

The fact that this woman was allowed into the court room while families of the martyrs were denied access for the third time triggered clashes between the protesters supporting Mubarak and the families of the martyrs outside the fences of the police academy where the trial is being held. Less than an hour later, similar clashes were seen inside the court hall.

As soon as the judge called for a recess, after listening to the demands of the defendants of the accused, some pictures of the toppled president were seen in court, raised by some of his supporters.  Quickly the lawyers representing the families of the victims started shouting, "Traitors!" referring to the lawyers on the other side. Within seconds, pro- and anti-Mubarak lawyers broke into fist-fights and water bottles were thrown towards the empty cage. A few tense minutes later Mubarak supporters were forced out of the court hall and the pictures that they held were being burned by the lawyers on the other side as they chanted slogans against the ousted president.

As the accused returned to court slogans against Mubarak and his sons were heard again not only by the attendants, but by the authoritarian ruler and his sons as well, maybe for the first time in their lives.

As the session was held again Judge Refaat started questioning the first of four witnesses set to be heard. General Hussein Moussa was the senior communication unit officer in the Central Security Forces (CSF), who were on the frontline during the crackdown. He was asked about 40 questions by the judge. He gave the impression that General Ahmed Ramzy, the head of the CSF sector in the ministry of interior was the one who gave the orders to the police forces on January 28 to use live ammunition on the protestors. When asked whether these orders were passed to Ramzy by his seniors, Moussa answered that the orders were given solely by the head of the CSF sector.  

About 850 people were killed when police opened fire on protesters during the uprising that brought about Mubarak's downfall on February 11.

"The witness is called to the stand by the prosecution to prove that the accused are guilty", said Gamal Eid, member of the Defence for the Families of the Martyrs Front to Ahram Online, "but instead his testimony blames only one general for all the killings".

No sooner did the lawyers start to question the witness than the usual conflict between the defence of the victims and the judge erupted, leading to another one hour adjournment of the session.

"The judge is being very harsh on the lawyers of the families of the victims", commented Mohamed Kadry, member of the Defence for the Families of the Martyrs Front, "and we will complain to the ministry of justice and we might even take more serious steps". Kadry and some other lawyers left court to express their dissatisfaction.

Amir Salem, the lawyer whose actions lead to the session's adjournment twice, does not agree with Kadry. "We do not ask for extra consideration for sentiments; we only ask for mutual respect," he tells Ahram Online. "We know the court is under a lot of pressure but so are we. The trial has been dominated by procedural issues since it began on August 3 but I expect the future sessions to be more organised”.

Moussa's testimony was confusing to many even after it was completed at about 6pm. In his account, police were ordered to use only tear gas and rubber bullets and resorted to live ammunition only to protect police stations and the ministry of interior headquarters. This testimony could be damaging to the prosecution's case. Without a clear chain of orders from El-Adly, the former interior minister and Mubarak's defence could argue that other top police officers acted independently in killing protesters.  

The three other witnesses, who are all middle-ranking officers in the same police sector, confirmed what Moussa said and added that they were ordered to only shoot live ammunition at the feet of the protesters and that, "General Ahmed Ramzy told them to treat the protesters as if they were their own brothers and sisters".

The prosecution claims that Mubarak and his highest ranking security chief El-Adly were ultimately responsible for orders to use lethal force against the peaceful protesters. Before Monday's session, they had said that Gen. Moussa would name those who issued orders, but neither he nor the other witnesses did. However, Sayed Fathy, member of the Defence for the Families of the Martyrs Front, argued that it is too early to judge whether these testimonies will have a negative effect on the whole case or not.

Mubarak's trial was adjourned until Wednesday, 7 September.

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