Hosni Mubarak’s defence lawyer Farid El-Deeb argued today in court that corruption charges against the former president should be transferred to a military court.

El-Deeb argued that under Article 2 of Law 35 (1979), military officers retain their positions until death, therefore Mubarak was still a lieutenant general when the corruption charges against him took place. And under the military decree of 15 May 2011, all corruption charges against military officers must be investigated by the military prosecution and military court.

The lawyer reminded the court that an appeal against the 1979 law was refused by the Supreme Constitutional Court because to strip officers of their military positions would “humiliate” soldiers who risked their lives in the October War of 1973.

He went on to rubbish a report written by an expert at the justice ministry that claimed Mubarak owned four villas and a mansion. The report was unprofessional and aimed to defame the defendant, said El-Deeb, and was written at night “which confirms it was fabricated.”

The judge adjourned the trial until Saturday.

Tens of pro-Mubarak protesters were present outside the court waving Saudi flags and pictures of the former president, while the families of slain protesters held a Mubarak effigy attached to a gallows. Security forces separated the two groups with a security barrier.

Facing charges with Mubarak are his two sons, Alaa and Gamal, former Interior Minister Habib El-Adly, and six of the latter’s aides.