5 - 11 July 2001
Issue No.541
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Al-Ahram Weekly Online 5 - 11 July 2001 Issue No.541 |
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Courtroom fireworks for Al-Nabaa
The trial of Mamdouh Mahran by a State Security Misdemeanours Court took an unexpected turn in its latest session, reports Shaden Shehab
The second hearing session of Mamdouh Mahran's trial by a State Security Misdemeanours Court, held on Sunday, was even more chaotic than the opening one on 24 June. At the end of the five-hour session, the defence team contested the competence of the court and accused the judge of "not being the appropriate person" to hear a case that has aroused so much public concern. This amounted to requesting a retrial before another court circuit.
After mayhem, security forces are peppered around the courtroom to keep the peace
photo: Hesham Abul-'Amayem
Mahran, chief editor of the independent weekly Al-Nabaa and its sister publication, the daily Akher Khabar, is on trial after he published on 17 and 18 June articles and photographs that purported to show a defrocked monk engaging in sexual activity with a woman. The newspapers claimed that this happened inside the Al-Muharraq monastery near the southern city of Assiut.
Calm, reasoned pronouncements were barely in evidence during the hearing; instead shouted accusations were the norm. The defendant's lawyers and the representatives of the Coptic Church exchanged verbal attacks and accusations. Moreover, members of the defence team quarrelled with each other, as did Church representatives.
As expected, security was tight. A large crowd milled around at the entrance of the Abdin court complex, but only lawyers and a selective group of the press were permitted entrance.
"Why are you allowing the press to enter? Isn't this case an example of their shameful doings, and yet they continue to be given privileges?" screamed a man who was denied entrance.
Judge Osama Mohamed Ali started the procedures by asking the lawyers to identify themselves, but even this initial formality was disrupted. The defence team announced nine names. In turn, one of the Church lawyers started reading out the names of his team but he failed to include all who were present.
"He does not represent us. Just because he did not mention our names does not mean that we do not exist," shouted Fathi Hanna. "We are representatives of the Coptic community; we represent the victims," he added in a combative tone.
"I understand that the names that were announced have a power of attorney from the Church. Anyway, I will only listen to four lawyers from each side," Judge Ali said in attempt to restore calm. He failed.
The lawyers began yelling at each other, causing the judge to leave the courtroom "until order is restored."
When Judge Ali returned, lawyers abided by his decision and each side announced the names of four attorneys representing the defence and civil claimants.
An impassioned two-hour presentation by the chief of the state security prosecution, Mohamed El-Faisal, followed. He explained the charges levelled against Mahran: undermining public order and social peace and spreading sensationalist disinformation. Mahran, according to El-Faisal, is also charged with defaming the Church and harming national unity; inciting hatred and contempt for Christianity; publishing pornographic texts and pictures that offend public morality; and attempting to influence the judiciary.
The judge, affirming that the Church lawyers were observers and were thus not entitled to make a presentation to the court, nonetheless granted each of them the floor for five minutes.
The Church representatives praised the prosecutor's presentation. "We could not have expressed our views better," said Ramsis El-Naggar.
Naguib Gabriel, another lawyer, said that Mahran "soiled the white robe [of the Church] with yellow poison."
Next came Mahran's lawyers. But as Ahmed Saad attempted to rise to address the court, a Central Security officer pushed him back into his seat for reasons unknown. Saad was quick to respond to the provocation. "How can this happen? I am not a criminal, I am a lawyer... " His call was taken up by other lawyers, and, once again, the judge walked out of the courtroom.
The security contingent in the courtroom was then increased to the extent that police personnel outnumbered the public. Plainclothes officers warned that if order was not restored, the judge would conduct hearings behind closed doors.
Judge Ali returned and directed the defence to make its presentation. "The prosecutor has blown things out of proportion; it seems that the only thing Mahran is not accused of is standing on somebody's shadow," Saad said sarcastically.
"Speak about the accusations and keep to the point," Judge Ali demanded impatiently.
"The prosecutor invented accusations and went on and on, blaming Mahran for crimes he did not commit," Saad said, but he was quickly interrupted by his colleague, Mursi El-Sheikh.
"Your honour, I am the head of the defence team, and I refuse that we make presentations today," El-Sheikh said.
"You do not tell me what or what not to do," Saad shouted at El-Sheikh. The courtroom erupted with shouts as people took the side of one or the other member of the defence team. Then Judge Ali left the room for the third time, but asked the defence team to join him in his chambers.
"We did not make presentations but only protested that hearings be conducted by a State Security Court. The trial should have been referred to an ordinary misdemeanours court," El-Sheikh told reporters afterwards.
El-Sheikh said that the defence team is requesting that the investigation of the defrocked monk be appended to the case.
When the judge returned to the bench, having left it almost one hour earlier, he announced that the trial would resume on 8 July.
When defence lawyer Nabih El-Wahsh protested, Ali responded: "A date is set."
El-Sheikh then shouted: "We contest the competence of the court; you are not meeting any of our requests."
Responding with a half-smile, Ali said, "Then, proceedings for contesting the competence of the court will take place on 8 July."
Explaining his request to Al-Ahram Weekly, El-Sheikh said, "This is at the request of Mahran himself. He and the defence team believe that the judge is not the appropriate person to hear such a case." He added, "The chairman of the Cairo Court of Appeals will decide whether the trial will be referred to another circuit. A decision will probably be made very soon."
"You are playing with fire, you will get a judge who is stricter, as was the case with the Arkadia trial," a Coptic lawyer warned El-Sheikh.
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