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Hurtling towards a verdict
Published in Al-Ahram Weekly on 12 - 01 - 2012

The fate of Hosni Mubarak could be known in a month or two, an extremely early date considering the trial of the former president began only last August and was postponed for three months. The speed by which a verdict could soon be handed down is testimony to the dizzying pace set by the revolution. A year ago Mubarak was Egypt's president of 30 years and as such wielded tremendous all-encompassing power. Today, the same man appears inside a defendant's metal cage, charged with complicity in the killing of hundreds of protesters in the crackdown on the popular revolt in January and February of 2011 that forced him out of office. Mubarak is also accused of massive abuse of political power but it is the killing of non- violent demonstrators that could produce the death penalty, an extraordinary fall from No 1 to the hangman's noose.
The trial's recent heightened tempo and palpable resolve to reach a conclusion might suggest that the prosecution, which concluded its presentation, has enough evidence to rest its case. Alternatively, it could also mean the defence believes its client will be exonerated of the charges.
Despite the litany of accusations against him -- high treason, premeditated murder, incitement, complicity in killing protesters and failure to stop violence against them -- it will be difficult to prove Mubarak ordered the killings, brought down from 850 and 6,000 injured to 225 deaths and 1,300 injured because of the distinction made between those killed while besieging police stations and those shot while protesting peacefully. The case basically comes down to Mubarak's word that he never gave the order for police to fire on the demonstrators. If so, then the person who had the authority to do so would be former interior minister Habib El-Adli, also in the dock, but who as well pleads not guilty. Somebody pulled the trigger; more than 1,000 witnesses have testified they saw uniformed and plainclothes police use rifles and automatic weapons to crush the uprising. The question is who gave the command to shoot.
Claims that Mubarak was unaware of the killings are absurd. El-Adli reportedly told prosecutors that he was in constant contact with Mubarak throughout the early events, confirming that the then-president knew about what was happening in the country, including the killings. The death sentence could await Mubarak if it can be proven he gave El-Adli orders for the officers to shoot on sight. El-Adli could meet the same fate if it was he who took the decision himself.
Defence lawyers will begin to present their case starting next week and have a month to wrap them up. Twenty-five sessions will be allocated to the defence, of which the first five days will be dedicated to the team defending Mubarak, with the remainder to lawyers representing El-Adli and six top security chiefs. The last hearing is set for 16 February. The court is then expected to recess for deliberation after which the judge will set a date for the verdict.
Some Egyptians might welcome a death sentence for Mubarak, particularly at a time of heightened tension as the anniversary of the uprising approaches. Some say the maximum penalty will only be prison especially after five police officers accused of killing protesters already have been acquitted. Still, some loyalists want Mubarak to leave a free man.
Egyptians were riveted by the TV sight of Mubarak in detention, not only because he was not long ago the nation's all- powerful strongman; he also became the first Arab head of state to go on trial by his people. He awaits one of three verdicts. Any one will be another sight to behold.


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