Post by sclcookie on May 30, 2006 11:08:13 GMT -5
Hussein defense: Witness killed
A lawyer for Saddam Hussein said one of his witnesses had been killed and
complained of restrictions on the case.
The defense did not identify the slain witness or give details on how or
when he was killed, but it said the death illustrated the difficulties
undermining an effective defense of Hussein and seven former members of
his regime.
"The defense is not free to present its witnesses the way the prosecution
is," one of the defense lawyers told chief judge Raouf Abdul Rahman.
"There are restrictions that limit us, as well as the security provisions
necessary to bring the witnesses to the court. Some days ago, one of the
witnesses who testified before us was killed."
The lawyer, who is among those on the team whose names have not been made
public for security reasons, said the defense is limited because some
potential witnesses are wanted by the U.S. military or Iraqi government
and so won't appear. He did not elaborate.
For weeks, the defense has been presenting its case in the 7-month-old
trial of Hussein and his co-defendants. They are accused of crimes against
humanity, including killing and torture, in a crackdown against Shiites
prompted by an assassination attempt against Hussein in the town of Dujail
in 1982.
Early in the trial, two defense lawyers were killed, raising complaints
from the team over their security. On Monday, a defense lawyer accused a
spectator in the audience of being a member of a Shiite militia who has
threatened lawyers in the past. The judge ejected the spectator from the
court.
An effective defense is key to ensure a fair trial, a major concern for
U.S. and Iraqi leaders who have hoped the tribunal can help Iraq's deeply
divided Shiites, Sunnis and Kurds put the alleged atrocities by Hussein's
regime behind them.
One of the defense witnesses who testified Tuesday alleged that nearly two
dozen of the 148 Shiites who were sentenced to death were still alive. The
prosecution has said all 148 were killed, either executed by hanging or
tortured to death even before their sentencing.
"Around 23 of those who were mentioned among the 148 are still alive, and
I know most of them," the witness, a Dujail resident, said, testifying
from behind a curtain to protect his anonymity. "I've eaten with them,
I've met them. ... I can take the chief prosecutor to Dujail and have
lunch with them."
He gave Abdul Rahman the names of six of those he claimed were still alive
but refused to give more, fearing reprisals from their tribes.
"If the witness's testimony is correct ... the case should be reviewed,"
one of the defense lawyers said, arguing that it threw doubt on a key part
of the prosecution's case.
But chief prosecutor Jaafar Moussawi tried to throw doubt on the witness,
saying records showed he was not a Dujail resident as he claimed and that
some of the names he gave were not on the list of those sentenced to
death.
The comments came as Abdul Rahman chided the defense for trying to add to
its list of witnesses, saying it must ensure its witnesses can directly
address the charges facing Hussein.
"The key is not the number of witnesses, but the quality of their
testimony. That's in your interest. If you come with 100 witnesses, but
they aren't effective for your defense ... the court won't take it," he
said.
Abdul Rahman has shown increasing impatience with a string of witnesses
who had no direct connection to the Dujail case. For example, the defense
has brought employees of the Revolutionary Court that sentenced 148
Shiites from Dujail to death for the attack on Hussein. Each has insisted
the court was a fair one -- but none were involved in the Dujail trial.
The defense on Tuesday tried to introduce CD videos as evidence in the
trial. But Abdul Rahman refused to show them immediately in court and told
the lawyers to make a written request to submit them, sparking a new
argument.
Hussein interjected that Abdul Rahman should give the defense as much time
as the prosecution.
"I would insist not come here if I did not respect the judicial system,"
Hussein told the judge. "My respect for the judicial system is the reason
behind accepting my colleagues to defend me and to present my case before
Iraqis and public opinion."
"The prosecution presented all his witness one by one. We have nothing
here, just talk, but when even talk is forbidden then we enter an
imbalance," he said. "To attain balance we have to give the same
opportunity to the defense witnesses."
Co-defendants Awad Bandar pointed to videos shown by the prosecution in
previous sessions on the same day they were introduced.
"Why can the prosecution present CDs and have them played right away,
while the defense has to go through all this?" he said.
(source: Associated Press)
A lawyer for Saddam Hussein said one of his witnesses had been killed and
complained of restrictions on the case.
The defense did not identify the slain witness or give details on how or
when he was killed, but it said the death illustrated the difficulties
undermining an effective defense of Hussein and seven former members of
his regime.
"The defense is not free to present its witnesses the way the prosecution
is," one of the defense lawyers told chief judge Raouf Abdul Rahman.
"There are restrictions that limit us, as well as the security provisions
necessary to bring the witnesses to the court. Some days ago, one of the
witnesses who testified before us was killed."
The lawyer, who is among those on the team whose names have not been made
public for security reasons, said the defense is limited because some
potential witnesses are wanted by the U.S. military or Iraqi government
and so won't appear. He did not elaborate.
For weeks, the defense has been presenting its case in the 7-month-old
trial of Hussein and his co-defendants. They are accused of crimes against
humanity, including killing and torture, in a crackdown against Shiites
prompted by an assassination attempt against Hussein in the town of Dujail
in 1982.
Early in the trial, two defense lawyers were killed, raising complaints
from the team over their security. On Monday, a defense lawyer accused a
spectator in the audience of being a member of a Shiite militia who has
threatened lawyers in the past. The judge ejected the spectator from the
court.
An effective defense is key to ensure a fair trial, a major concern for
U.S. and Iraqi leaders who have hoped the tribunal can help Iraq's deeply
divided Shiites, Sunnis and Kurds put the alleged atrocities by Hussein's
regime behind them.
One of the defense witnesses who testified Tuesday alleged that nearly two
dozen of the 148 Shiites who were sentenced to death were still alive. The
prosecution has said all 148 were killed, either executed by hanging or
tortured to death even before their sentencing.
"Around 23 of those who were mentioned among the 148 are still alive, and
I know most of them," the witness, a Dujail resident, said, testifying
from behind a curtain to protect his anonymity. "I've eaten with them,
I've met them. ... I can take the chief prosecutor to Dujail and have
lunch with them."
He gave Abdul Rahman the names of six of those he claimed were still alive
but refused to give more, fearing reprisals from their tribes.
"If the witness's testimony is correct ... the case should be reviewed,"
one of the defense lawyers said, arguing that it threw doubt on a key part
of the prosecution's case.
But chief prosecutor Jaafar Moussawi tried to throw doubt on the witness,
saying records showed he was not a Dujail resident as he claimed and that
some of the names he gave were not on the list of those sentenced to
death.
The comments came as Abdul Rahman chided the defense for trying to add to
its list of witnesses, saying it must ensure its witnesses can directly
address the charges facing Hussein.
"The key is not the number of witnesses, but the quality of their
testimony. That's in your interest. If you come with 100 witnesses, but
they aren't effective for your defense ... the court won't take it," he
said.
Abdul Rahman has shown increasing impatience with a string of witnesses
who had no direct connection to the Dujail case. For example, the defense
has brought employees of the Revolutionary Court that sentenced 148
Shiites from Dujail to death for the attack on Hussein. Each has insisted
the court was a fair one -- but none were involved in the Dujail trial.
The defense on Tuesday tried to introduce CD videos as evidence in the
trial. But Abdul Rahman refused to show them immediately in court and told
the lawyers to make a written request to submit them, sparking a new
argument.
Hussein interjected that Abdul Rahman should give the defense as much time
as the prosecution.
"I would insist not come here if I did not respect the judicial system,"
Hussein told the judge. "My respect for the judicial system is the reason
behind accepting my colleagues to defend me and to present my case before
Iraqis and public opinion."
"The prosecution presented all his witness one by one. We have nothing
here, just talk, but when even talk is forbidden then we enter an
imbalance," he said. "To attain balance we have to give the same
opportunity to the defense witnesses."
Co-defendants Awad Bandar pointed to videos shown by the prosecution in
previous sessions on the same day they were introduced.
"Why can the prosecution present CDs and have them played right away,
while the defense has to go through all this?" he said.
(source: Associated Press)