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09/06/2011 07:16 pm ET | Updated Nov 06, 2011

Mubarak in court after top officials called to testify

By Dina Zayed

CAIRO (Reuters) - Hosni Mubarak was back in court on Thursday over the killing of protesters, a day after the presiding judge summoned Egypt's military ruler and other top officials to testify next week in the trial of the toppled ex-president.

The testimonies of such high-ranking officials could prove decisive in the case, although Judge Ahmed Refaat said when he announced the decision Wednesday that the witnesses would be heard behind closed doors for reasons of national security.

The court heard more witnesses Thursday. A senior interior ministry official said police were ordered to prevent protesters from reaching Tahrir Square during the uprising, even if it meant "by use of force."

A police officer told the court that police were armed in central Cairo and suggested the weapons were used against protesters. Defense lawyers said he was in no position to know.

The judge surprised the court Wednesday by saying Field Marshal Mohamed Hussein Tantawi, who heads the military council now ruling Egypt and served as Mubarak's defense minister for two decades, would appear in the witness box Sunday.

Armed Forces Chief of Staff Sami Enan and Omar Suleiman, Mubarak's former intelligence chief and briefly his vice-president, will also testify next week, alongside Interior Minister Essam el-Essawy and his predecessor Mahmoud Wagdy.

"The decision to summon Field Marshal Tantawi and the others is certainly a good thing, but the session has to be public in order to be fair," said Mohamed Adel, an activist with the April 6 movement which helped force out autocrat Mubarak in February.

"We have to see it, and the concept of a publishing ban and secrecy is totally rejected by us," he added.

State television said the prosecutor sent Tantawi and others official notices to attend the court.

Earlier this week, police witnesses suggested that neither Mubarak nor his former interior minister, Habib al-Adli, who is also in the dock, had ordered police to shoot. Two witnesses said they were told to exercise "self-restraint."

Lawyers for some of the 850 people killed in the revolt that ousted Mubarak on February 11 have been irked by police statements, saying officers changed their accounts when they were in court.

The judge dismissed a prosecution bid to raise a case against one witness for alleged false testimony.


As in the four previous sessions since the trial started on August 3, Mubarak was flown to the court by helicopter and wheeled into the courtroom on a stretcher. The 83-year-old has been hospitalized since April when he was first questioned.

Mubarak is charged with conspiring to kill protesters and "inciting" some police officers to use live ammunition, as well as with corruption. He has denied all charges.

A deputy interior minister, Hassan Abdel Hamid Farag, told the court Thursday he attended a meeting with the former interior minister and other police officers standing trial.

"The decision of the meeting was to prevent the protesters from entering Tahrir even if by use of force," he said. But he could not say if police were allowed to use firearms.

Officer Essam Hosni told the court a security plan was in place early in the uprising that erupted on January 25 to prevent protesters reaching Tahrir Square. He said police were armed with guns in central Cairo and elsewhere.

"The amount of arms available in central Cairo and in front of all the police stations and jails confirms that deaths and injuries were a result of the use of these weapons," he said.

Defense lawyers suggested he was not in a position to make his statements and was drawing conclusions. "The witness is basing his testimony on matters he heard," one said.

When asked by the judge, the former interior minister said: "All that the witness has said contradicts the truth."

Mubarak had no comment when asked by the judge.

The former president is standing trial with Adli, six police officers and his two sons, Gamal, who was once seen as being groomed for top office, and Alaa, a businessman.

(Writing by Edmund Blair; Editing by Mark Heinrich/Elizabeth Fullerton)

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