Al-Salam 98 owner Mamdouh Ismail loses his immunity from prosecution almost a month and a half after the sinking of the ferry, reports Gamal Essam El-Din On Sunday, almost a month and a half after the sinking of the ferry Al-Salam 98, the Shura Council finally lifted the parliamentary immunity of its member Mamdouh Ismail, owner of the ferry, so that he can be interrogated over the disaster. The lateness of the decision attracted a barrage of criticism, with newspapers and several opposition members of the People's Assembly arguing that by not stripping Ismail of immunity earlier -- and with it his right to travel -- the ferry's owner was able to escape abroad and dodge a full investigation by the prosecutor- general. "The slowness in reaching this decision allowed Ismail to hide behind his immunity and then flee the country," charged Nasserist MP Mustafa Bakri. Lifting Ismail's immunity at once, said Bakri, would have placed him on the list of those barred from travelling outside Egypt. Many opposition MPs believe that were it not for Ismail's friendship with Zakaria Azmi, President Hosni Mubarak's chief of staff and assistant secretary-general of the ruling National Democratic Party (NDP), his immunity would have been lifted earlier. They also accuse Azmi of influencing Ismail's appointment to the Shura Council and as chairman of the NDP's Heliopolis office. In a six-page report, the council's Legislative and Constitutional Affairs Committee pointed out it was able to take action only after receiving a request from the Justice Minister Mahmoud Abul-Leil that Ismail's immunity be lifted. They received the request on Friday. Under parliamentary rules no legal action can be taken against Shura Council members until a request for the lifting of immunity is received and then approved. "The ferry sank in the Red Sea on 3 February," said the report, "following which no requests for the lifting of Ismail's immunity were submitted". The report continued that it was Ismail who, on 9 February, himself asked the council to allow him to testify before the prosecution. Immediately following the receipt of the justice minister's request on Friday the Legislative and Constitutional Affairs Committee held an emergency session at which Ismail's immunity was lifted. In his request the Justice Minister stated that the prosecutor general's investigation had established that Al-Salam 98 was owned by Al-Salam Maritime Transport Company, "a joint- stock company set up by Ismail, his wife and sons in 1992, and which they have owned since that date". The company, which later changed its name to Al-Salam for Maritime Investment, owns and operates another 21 ferries. Abul-Leil's report confirmed that Al-Salam 98 was carrying 1,318 passengers when it sank following a fire on board. Investigations, it continued, suggested that the boat had been inadequately maintained, that mandatory inspections might not have taken place and that it was not carrying the required safety equipment. "Negligence and the inadequate maintenance could have caused the sinking of the ferry," the report concluded, as a result of which Ismail's immunity should be immediately lifted so that he could be questioned. The report also revealed that in his earlier, voluntary testimony, Ismail had claimed Al-Salam 98 was in good condition and that the captain's reaction to the fire might have led to its sinking. Shura Council members were keen to stress they had played no part in any delay in lifting Ismail's immunity. Chairman Safwat El-Sherif underlined the council's inability to act until a request is received from the Justice Ministry. "But in terms of responding to the tragic accident," he said, "the council was the first to send a delegation to Safaga and prepare a report." The report is expected to be completed within two weeks. "We hope it will be of help to the prosecution and the People Assembly's fact-finding committee," said Farid Khamis, chairman of the Shura Council's Industry Committee. Shura members said that they regretted Ismail had made use of his immunity to leave the country for Europe. He should, said El-Sherif, have obtained the council's permission before traveling, "explaining why he wanted to leave the country". El-Sherif lent his voice to calls by other council members that Ismail return quickly. "Do not," pleaded NDP member Ahmed Farahat, "tarnish the image of Shura members... return quickly to your country to face the prosecution." Abul-Leil also submitted a request asking that the immunity of Ibrahim Nafie, a long-time member of the Shura Council and the former editor-in-chief and chairman of the board of Al-Ahram, be lifted so that investigations into alleged financial malpractice can proceed. The Council's Legislative and Constitutional Affairs Committee has decided that Nafie be allowed to testify before the prosecution instead of stripping him of his parliamentary immunity. Nafie has been the subject of a campaign led by the independent Al-Osbou, whose editor, Mustafa Bakri, claims Nafie amassed a huge personal fortune at the expense of Al-Ahram. Nafie, in turn, has accused Bakri of libel and defamation. The case is being investigated by the prosecutor-general.
