Egypt

Accused in ‘Mariott Cell’ case say judge unfair

The Giza Criminal Court, held at the Police Trustees Academy, began Wednesday the trial of 20 Al-Jazeera reporters, among them four foreigners, in the case that is now being referred to in the media as the "Marriott Cell" case. The accused are facing incitement charges for fabricating scenes and broadcasting false news.

The judge had warned the twelfth accused for insulting the court and describing the trial as unfair. The judge residing had taken note of the defendant's words in the hearing and said that the necessary legal measures will be taken if the offense was repeated.

The court session began at 2:15pm with counselor Mohamed Nagi Shehata residing, counselors Gamal Mustafa and Ihab El-Monofi's membership, and in Chief prosecutor Yousif Aanoos, Secretariats Ahmed Subhi Abbas and Said Haggag's attendance. The court verified the attendance of the accused with the exception of two, Ahmed A and Anas, son of the Muslim Brotherhood leadership-member Mohamed Al-Beltagy.

Khalid Abubakr, the defense for Mohamed Fadil had insisted on showing the film material used as evidence which allegedly represents a message to national security where it was tampered with to show scenes closer to those of a civil war. He had requested court to view the evidence before hearing witnesses' statements and the substantiation of the all the questions and answers, as well as all the decisions of the tripartite commission mandated by the prosecution to explain the case.

Abubakr reverted to a professor from the media department of Cairo University to prove whether peaceful material is considered a threat to national security or not. Adding to that, he said the prosecution has its fingerprints on the National Forces' investigation, resulting in the judge telling the defense not to cross his boundaries by insulting members of the prosecution.

The defense also insisted on hearing the substantiation of the witnesses. The response of the judge was "the court will comply and you will hear from the witnesses' statements, but arranging the hearing's proceedings is the court's area of expertise." He also ordered permits for the defense to obtain papers from the Marriott confirming the leasing of the hotel rooms, which the fifth accused was arrested in, the name on the room contract and the name of the person who was arrested.      

One of the accused, Mohamed F, had interrupted the court proceedings stating that he has been a journalist for 12 years and that it is impossible for him to return to his country only to betray it. He also said that his grandfather was head of Giza Security while his other grandfather was a legal counsel for the ministry of Justice. He also asked the court to release him because his arm has been broken for a month, guaranteeing he will not leave the country.

Another defendant had declared he had been exposed to physical torture and asked the court to be exposed to forensic medicine to prove it. He said his state was rapidly worsening in prison. He was arrested at a police check point and asked to court to hear a verdict before ending the session. 

A member of the defense team said the families of the accused have not been able to visit them in prison. The twelfth accused refused to authorize the defense to attend with him, stating to the court that the reason he refuses this trial is because of not allowing his family to visit him.

The court agreed to the request of the defendants Suhaib S and Khalid M to deliver to them letters that had been sent by their parents. The judge asked Suhaib who was present for him, to that he responded "I want to see my family first because this is an unfair trial" and the judge responded "respect yourself; your words will cost you a lot. Respect the proceedings, otherwise the law will have to take its course".  The session transcript showed that he refused to answer, insulted the court commission, and was warned of legal consequences.

The accused Khalid M requested to see his family to consult them on choosing his lawyer, to that the judge answered that his family can come visit him.

The court unfolded the gains of the case which are: a white envelope containing 63 photographs after making sure the stamps are correct, a beige envelope containing a group of photographs, a beige envelope containing 94 photographs, mobile phones, 43 printed papers containing material from a phone's memory card, a mobile phone, and a camera.
 

Edited translation from Al-Masry Al-Youm

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