Closer to justice?

By Fatemah Farag

Aida upon hearing the verdict

Aida was sentenced to death last March by an Alexandria court for allegedly killing patient Abdel-Qader Ibrahim and attempting to kill dozens of others while working at the Alexandria University Hospital. The sentence triggered the wrath of Alexandrians who took to the streets in protest. Aida, at first dubbed the "angel of death," came to be viewed as a martyr. Many people felt that she was taking the rap for the general inefficiency and corruption of the health system.

The sentence was eventually quashed in July by the Court of Cassation which ordered a retrial. When the new trial opened last month, the principal charge of premeditated murder was reduced to unintentional or second-degree murder.

Adel Eid, Aida's former lawyer, explained that the court decided that the muscle-relaxing drug, flaxidile, which Aida was accused of administering to her patients, was not poisonous. Thus, she could not be prosecuted for premeditated murder. Instead, Article 265 of the Penal Code, which relates to administering harmful substances, was invoked. This article stipulates a punishment ranging between three and 15 years. Aida got 10.

The second trial's defence team was headed by Ibrahim Saleh. However, Aida's family said that they would seek the assistance of Eid, Saleh, and also Adel Abu Heif for the final Cassation procedure. "Abu Heif was supposed to be here with new evidence he said he had acquired," lamented Mohamed Noureddin, Aida's brother. "He had five witnesses who were willing to testify disproving the evidence that is being used against her, but when Abu Heif had a disagreement with the other lawyers involved in the case, he refused to come and be marginalised."

From the beginning, Aida's case has received conflicting assessments from lawyers, authorities, and the press. "I think that the case was given sufficient consideration and that the conflicting views that were expressed were the result of the improper handling of information by the press," Eid said.

For those close to the young woman, the experience has been a sheer nightmare. "I feel like I am in a whirlwind and I don't know who is right. All I know is that my sister is innocent and that the sentence is too harsh. These are bad times for us -- times when the weak people are trampled over and Aida is one of those," her brother said.

The ultimately incriminating factor is ironically Aida's own confession to the investigating prosecutor. Although the defence lawyers repeatedly attempted to prove improper procedure in obtaining the confession, the court found their arguments unconvincing. "This is the final outstanding point. If the Court of Cassation decided that her confession was extracted from her illegally, she would be freed. Otherwise, she will have to see her sentence out," concluded Eid.