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Saddam Trial Goes into Recess During Witness Testimony (Add)

Posted on: Tuesday, 6 December 2005, 12:00 CST

Al-Sharqiyah Television at 0833 gmt on 6 December carries live or recorded the "fourth session" in the trial of former Iraqi President Saddam Husayn and seven co-defendants from the courtroom of the "First criminal court" in the Iraqi Supreme Criminal Court in Baghdad.

The presiding judge, Rizgar Amin, opens the session and asks the court bailiff to bring in the witnesses. Once the defendants were seated, Judge Amin reads this statement: "In accordance with Procedural Rule 48 and at the request of the witnesses it has been decided not to reveal their names. Therefore, the witnesses will be referred to by alphabetical letters and their names will be given to the defence lawyers, provided they are not disclosed to others."

The judge then calls "Witness A," a lady witness, to testify. However, defendant Saddam Husayn interrupts by saying: "Please, your honour, could you repeat what you have just said slowly." Judge Amin repeats his statement, which sets off this dialogue with Saddam:

[Saddam] So we will be addressing the witness alphabetically?

[Amin] Their three-part names will be given to the defence lawyers so they will know who they are.

[Saddam] Will we be addressing them alphabetically as well?

[Amin] You will be speaking with a person in the courtroom.

[Saddam] Well, you are the judge in this courtroom.

[Amin] The law permits us to do that.

[Saddam] Let me ask you, will we be addressing the witness alphabetically?

[Amin] The name exists with the defence lawyer.

[Saddam] You will give the name to the lawyer and the lawyer will give it to me.

[Amin] Yes, it is possible.

[Saddam] There should be no fear. We are here in the courtroom not outside. The machineguns are fired by the ones outside.

[Amin] Procedural rules and the law protect them. This is the law on the protection of witnesses and the court is abiding by it.

Judge Amin calls "Witness A" to testify. However, Ja'far al- Mu'asawi, a member of the public prosecution team, asks the permission of the judge to make a statement before listening to the testimony of the first witness. He says:

"Honourable president and members of the court, the public prosecution must point out what happened to the witnesses in yesterday's session. Two witnesses were repeatedly interrupted by the lawyers and defendants and even insulted. It is no secret to your esteemed court that this is impermissible under the law. The esteemed court has not taken the appropriate decision to ban such violations and offences, which are punishable under the law.

"Therefore, with all due respect, I ask the court to take note of that and instruct those present accordingly, especially since the court will hear several witnesses today including women. Moreover, we would like to point out that the remaining witnesses want to appear before the court, but not publicly on the media. Please accept my high esteem."

At this point, defendant Barzan Al-Tikriti asks for the judge's permission to make a comment and says: "If comrade Ja'far [al- Musawi] would allow me, I say that these are calumnies, and therefore unacceptable here or anywhere."

Interrupting, Ja'far al-Musawi objects to being called "comrade." Barzan says: "Yes, you are comrade. Do you have anything against the word comrade? It is a noble word, comrade Ja'far, and a very civilized one. You are my comrade. We were members of the party."

Addressing the presiding judge, Barzan says: "You were here yesterday and in the same place. The honourable members of the court were also present as well as the members of the public. Let them say who interrupted, we or the others?"

"We got the idea, Mr Barzan, and please sit down" Judge Rizgar says, adding: "We ask the witnesses, claimants, and defendants not to interrupt each other. We are in a court and must show respect and maintain its prestige. Any interruption is rejected under the law."

Judge Amin calls in "Witness A," and permits the defence lawyers to see her behind the curtain.

At this point an unidentified defence lawyer says: "Your honour, according to Article 19 of the court law the defendants and the witness must face each other. We can have a closed session and remove the curtain."

"No, it is not a closed session. It is just that witness will be kept secret," Judge Amin replies.

"Article 19 Paragraph E says the defendant and the witness must face each other," the lawyer reiterates.

"Yes, they will face each other; I mean they will hear each other's voice," Judge Amin says.

Asked if they received the three-part name of the witness the defence lawyers said that they received name but not the age or identity. Judge Amin then asks the lady witness to take the oath. She repeats after the judge: "I swear to God that I will tell the truth, the whole truth, and nothing but the whole truth. God be my witness."

Judge Amin then asks the witness to make her complaint. The lady witness is heard with a muffled voice saying: "In the name of God, the Merciful, and the Compassionate. We express our condolences to the entire religious authority."

Judge Amin interrupts saying, "There is no need for these details. Confine your testimony to the subject of the case. Go straight to the subject."

The lady witness is again heard in the same muffled voice saying: "In the name of God, the Merciful, the Compassionate. When the flag of [Imam] Ali is raised, all flags are lowered. You who hear me pray for Muhammad three times. May the peace and blessings of God be upon Muhammad and his family, may the peace and blessings of God be upon Muhammad and his family, may the peace and blessings of God be upon him. We thank the members of the court and those present and also thank you for the effort you have exerted for our sake."

Both lawyers and defendants say that the voice is unintelligible. In fact, someone says that it sounds like the double voice of a man and a woman. The judge asks the witness to speak normally.

At this point the lady's voice disappears completely. The television shows the judge and the defendants attentive, but with no audio at all, which means that the lady witness is not using the microphone.

After a while, Judge Amin says that due to technical reasons the court will go into a recess for 10 minutes.

Source: BBC Monitoring Middle East

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