The head defense lawyer for former President Hosni Mubarak said Thursday that since Mubarak is the Egyptian air force commander for life — as decreed in a 1979 law — only a military court has the authority to try him on corruption charges.
Mubarak's trial resumed Thursday at the Police Academy in the Fifth Settlement, where he is facing charges of involvement in killing protesters and various forms of corruption.
According to state-run Al-Ahram, lead defense attorney Farid al-Deeb defended the former leader by citing Law 35/1979, issued by former President Anwar Sadat to honor military leaders who took part in the October 1973 war with Israel. The second article of this law stipulates that those officers would be granted a lifetime military designation should they become civil servants, as Mubarak did.
Having served as commander of the air force, Mubarak still bears the rank of lieutenant general, which is the highest rank in the armed forces, Deeb said. He then requested that the results of the Illicit Gains Authority investigations into abuse of power allegations be nullified, according to privately owned Al-Shorouk newspaper.
Deeb also referred to a military law issued on 10 May 2011, which states that only the military prosecution can question military personnel on charges of profiteering and sharing wealth with other army personnel.
When the public prosecution referred Mubarak to trial on 24 May, it accused him of corruption. The prosecution also accused businessman Hussein Salem, who is being held in Spanish custody, of bribing Mubarak's sons, Alaa and Gamal, with a palace and four villas in the resort city of Sharm el-Sheikh in return for allocations of vast tracts of land to his companies.
The former president, former Interior Ministry Habib al-Adly and six of his top aides are also being tried for involvement in killing protesters during the 25 January uprising against Mubarak's rule.
The defendants, minus the former president and Salem, arrived together at the court Thursday morning amid tight security outside to separate families of the revolutions' martyrs from Mubarak supporters.
During the Wednesday session, Deeb argued that Mubarak is not responsible for protester deaths on 28 January because, in his role as supreme leader of the armed forces, he had designated the military to take over security operations.
The trial has been adjourned to Saturday.
This article has been changed to reflect the correct year of Egypt's October war with Israel.
