Saddam boycotts new session of trial

Saddam Hussein and four other defendants refused to attend at a new session of their trial today and their lawyers boycotted the proceedings, demanding the removal of the chief judge, who they claim is biased against the former Iraqi leader.

Chief judge Raouf Abdel-Rahman pressed ahead with the proceedings with court-appointed defence lawyers and only three defendants present, hearing a series of prosecution witnesses.

The court was the most silent it has been since the trial started in October, as the witnesses testified.

The court-appointed defence lawyers – who were criticised for being too passive after a session Sunday, when they declined chances to cross-examine – were lively, asking pointed questions of the witnesses.

Abdel-Rahman, a Kurd, kept things brisk, telling witnesses and lawyers to get to the point. His no-nonsense style underlined his determination to move on with the landmark trial despite the turmoil surrounding the court.

But he faces the problem of how long proceedings can continue without most of the defendants – including the top one, Saddam – or any of their chosen lawyers, a situation that could damage the fairness of a trial meant to be a landmark in the political progress of sharply divided Iraq.

The judge ordered the proceedings closed for the first half-hour, barring press and television from the courtroom. It was not clear whether Saddam was brought for the hearing, and court officials did not say what took place.

When the session was later opened to the public, Saddam and four other co-defendants were not present.

The initial defence team chosen by Saddam and his seven co-defendants have petitioned the tribunal to remove Abdel-Rahman, saying they will not attend until he goes.

They accuse the judge of having a “personal feud” with Saddam because he was born in the village of Halabja, which was subjected to a 1988 poison gas attack allegedly ordered by Saddam. Some 5,000 Kurds were killed in that attack, including several of Abdel-Rahman’s relatives.

The former Iraqi leader and four other defendants have refused to work with the replacement lawyers.

“The judge is an enemy to my client,” said Saddam’s chief attorney Khaled al-Dulaimi, in Jordan. I told the court that the chief judge shouldn’t be allowed to preside over the hearings because he can’t be fair in this case.”

Al-Dulaimi also claimed that Saddam’s regime tried Abdel-Rahman in absentia and sentenced him to life in prison in 1977. He said the judge was a member of a Kurdish party that was opposed to Saddam and so “holds political animosity with the defendant”.

Al-Dulaimi’s claims could not be immediately confirmed. Abdel-Rahman did not address the defence team’s petitions or accusations in court.

Arab media reports claimed Abdel-Rahman was detained and tortured in the 1980s by Saddam’s security agents. A judge in the tribunal. But not on the current trial. Said Abdel-Rahman suffered permanent injuries to his back and one of his legs due to torture.

Saddam and co-defendants are on trial for the killing of more than 140 Shiites after a 1982 attempt on the ex-president’s life in the town of Dujail north of Baghdad. They face death by hanging if convicted.

In the open session, chief prosecutor Jaafar al-Moussawi asked the judge to force all defendants to attend. Abdel-Rahman ruled that the court proceedings will continue, but that the five-judge panel would consider the request in future hearings.

Abdel-Rahman then turned to the three remaining defendants, surrounded by empty chairs in the pen set up in front of the bench.

“Because your lawyers stayed away and dropped your cases, the court has decided to appoint the lawyers who are in the courtroom,” he told them.

The court then heard the testimony of four prosecution witness. All of their identities were withheld and they spoke from behind a beige curtain.

The first, a woman resident of Dujail, said she said security forces raided her home and took away a number of her relatives, including her husband and nephew, who she said were tortured and executed. She said one of the defendants, Mizhzar Ruwayyid – the son of Abdullah – participated in the raids.

“My husband is gone and my life went with him,” she wept.

The court-appointed defence lawyers sharply cross-examined her, asking why she was accusing defendants that she didn’t specifically mention in her testimony.

“What did Saddam himself do to you? Did Saddam come and took your family?” one defence lawyer asked.

“The order must have been from Saddam and the Baathists implemented it,” she said. “Why are you accusing Barzan? What did you see from Barzan?” the lawyer said, referring to Barzan Ibrahim, Saddam’s former intelligence chief and the top co-defendant in the trial.

“I heard things about him,” she replied.

Abdel-Rahman was brought in as chief judge Sunday to replace his predecessor, who resigned amid criticism he was not doing enough to control the proceedings.

In a stormy session on Sunday, Abdel-Rahman took a tough line, throwing out Ibrahim and a defence lawyer. The entire defence team walked out in protest and Saddam was escorted out after he rejected new court-appointed lawyers.