Ousted Egyptian president Hosni Mubarak arrived in a hospital bed in a Cairo court on Monday to face charges over the killing of protesters, the first Arab leader to stand trial in person since popular uprisings began sweeping the Middle East.
An aircraft landed near the court and shortly afterwards state TV showed Mubarak, aged 83 and wearing a navy blue sports sweater, being wheeled into the courtroom’s steel cage on a gurney.
Mubarak looked composed and stern, hands clasped over his chest, as he exchanged a few words with his sons, Alaa and Gamal, who are also on trial.
Trial Ahmed Refaat judge called Mubarak’s name and he answered, “Present.” Scores of lawyers then clamoured for Refaat’s attention in chaotic scenes and Refaat appealed for calm, ordering them to sit down to allow proceedings to begin.
The hearing could decide if the head of the ruling military council would take the stand as a witness.
Defence lawyers say that any testimony by Field Marshal Mohamed Hussein Tantawi on Mubarak’s role in trying to suppress the 18-day uprising, in which about 850 people were killed, could decide the ex-president’s fate.
Tantawi, who was defence minister for two decades under Mubarak, heads the military council that took power when Mubarak was ousted on February 11 by the mass protests.
Tension was running high outside the conference building in a Cairo suburb before Mubarak arrived.
Hundreds of riot police stood guard but fist fights broke out between Mubarak’s supporters and a group demanding justice for those killed in the uprising. Both sides traded insults and some in the pro-Mubarak crowd threw rocks.
As Mubarak arrived, anti-Mubarak protesters outside shouted: “Judge wake up! Mubarak killed my brothers! Execute the killer!”
“He is Egyptian until death” and “Hosni Mubarak is not Saddam,” chanted his supporters, referring to Iraqi leader Saddam Hussein who was put on trial after a United States-led invasion and executed in 2006.
“I want people to read their history and know what this great man has done for us. He kept Egypt stable. He has been humiliated but he is weathering the storm with pride,” said Ehab Sameh (30).
Ali, a police officer, said: “The silent majority are much more than those few pro-Mubarak folks. The silent majority wants justice for the years of corruption.”
Arab world leaders have long ruled for life and seldom been held to account. But Mubarak now stands accused of authorising the use of live ammunition to quell protests, of corruption and abuse of power.
Death penalty?
The charges against the former air force commander could carry the death penalty. He denied all accusations during the opening session, which was aired live and counted as his first public appearance since February 11.
Medical reports issued after Mubarak was taken to a hospital following initial questioning in April said he was suffering from heart problems, depression and fainting fits.
Refaat was expected to spend Monday’s session choosing names from a long list of witnesses demanded by lawyers, said legal expert Mahmoud Khoudeiry.
Asked if Tantawi could appear as a witness in the court, he said testimony from any army officer would be aired live unless there are specific security concerns.
Some in the crowd demanding swift justice for victims of the uprising held ropes tied in a noose and held up the two-finger victory sign.
“I don’t know any of the victims but when I saw their photos, I thought they could have been my children. I can’t stand the thought of young people dying,” said housewife Saidia Saeed (41).
More than about 850 people were killed during the uprising and over 6 000 wounded when security forces fired live rounds, rubber bullets and used water cannon and batons against the protesters.
Crucial witness
In the first court session, defence lawyers asked for Tantawi, former intelligence chief Omar Suleiman and about 1 600 others to testify as witnesses.
“Tantawi’s testimony would help the court determine whether Mubarak gave orders to Interior Minister Habib al-Adli to fire at protesters or whether Adli was acting independently,” said a member of the defence team, who asked not to be named.
A judge on Sunday set the next hearing for Adli and six of his lieutenants for September 5.
Lawyers for the families of those killed have also demanded that Tantawi testify.
“It is important for the court to meet the requests of the defence team, especially the request to hear the accounts of Field Marshal Tantawi in court to determine whether Mubarak asked him to confront and fire at protesters or not,” the lawyer said.
“The defence team sees Tantawi as a compurgator, or a witness whose testimony would exonerate Mubarak. The plaintiffs’ lawyers, however, expect him to testify that he received orders to fire, which is necessary to convict Mubarak,” another lawyer handling the case said.
Essam Soltan, one of the plaintiffs’ lawyers, said Judge Ahmed Refaat would ask lawyers to justify their request to summon Tantawi to testify before ruling on it.
The cases of the defendants are interlinked and each could accuse his superior of giving the orders to fire, thus weakening the case against Mubarak, Soltan said.
The military said officers called in by the judge to give their testimony would attend.
But a judicial source said that even if Tantawi were asked to testify, it would happen later in the trial to shield the army from taking the heat in the controversial case.
Tantawi’s military council has promised a transition to democracy in the Arab world’s most populous country — a process far from complete. – Reuters