British Lawyer To Defend Saddam Hussein

It seems that Anthony Scrivener QC, a top British lawyer, may defend Saddam Hussein in his forthcoming trial which starts on the 19th of October.

Anthony Scrivener QC, who helped free four wrongly convicted Irish prisoners known as the Guildford Four, will travel to Baghdad to represent Saddam.

Although it is confirmed that Scrivener has been approached to take the job, it is still not yet clear as to whether he has accepted the role.

Senior clerk at Scrivener's chambers, Martin Hart, is quoted as saying:

"Mr. Scrivener has been approached by the people involved in the case but it is wrong to say that he has been instructed on the case."

He added:

"He cannot comment about any case, whether it be Saddam Hussein or Mrs Mop, even if he has not yet taken it. There is a possibility he might take this case, so it would be inappropriate to comment."

The legal team, who will defend Saddam, has been put together by Iraqi born barrister Abdul Haq Al Ani.

Al Ani reportedly told the BBC:

"He (Saddam) is in high spirits and he is very defiant. The man is very, very tough mentally."

The basis of the defence's case will be the argument that any executions approved of by Saddam were no different to the approval given by a US governor, under similar circumstances.

It is noted that President George W. Bush approved of 152 executions when he was governor of Texas.

The defence will also argue that, as head of state, Saddam enjoyed full immunity.

Saddam Hussein's Trial

Saddam, and seven co-defendants, will go on trial on the 19th of October; if all goes according to plan.

There will be no jury, instead there will be three judges.

The chief judge will be able to question witnesses.

The US have stated that the Iraqi judges have received special training from American, British and Australian experts. They will also have access to help from international advisers during the trial.

Saddam will have the right to call witnesses and, if convicted, he will have the right to lodge appeals before any sentence is carried out.

If he is sentenced to death, as seems highly likely, he must be executed within 30 days of the ruling on his last appeal.

Saddam Has The Vote

It seems that Iraqi law will allow Saddam Hussein, and thousands of other Iraqi detainees who have not been brought to trial, to vote in this weekend's constitutional referendum.

Abdul Hussein Hindawi, the head of the Independent Electoral Commission in Iraq, said that it was still waiting for a full list from the Interior Ministry and the US-led coalition of the detainees who should be allowed to receive ballots and vote on Saturday at Abu Ghraib prison and several other US detention centers.

Quote:

"All non-convicted detainees have the right to vote. That includes Saddam and other former government officials. They will vote."

The vote on Saturday is crucial for Iraq, and may hold the key to defusing the already highly charged atmosphere in Iraq between Sunnis and Shias.

Saddam's Lawyer Tries To Stop Trial

Khalil Dulaimi, Saddam Hussein's lawyer, is trying to stop the trial of Saddam starting on the 19th of October.

He has filed petitions challenging the date of Saddam's trial and the jurisdiction of the Special Iraqi Tribunal.

Khalil Dulaimi was served a written notification from the special court, on the 25th of September, designating October the 19th as the starting date.

Dulaimi has challenged the date of the trial, on the basis of two weeks notice not being enough time to review the documents and evidence.

He is trying to extend the review period to 45 days.

Additionally, Dulaimi has filed a challenge to the jurisdiction of the Iraqi Special Tribunal.

Somehow or other, I think that he does not stand much chance with these petitions; the verdict, I suspect, has already been reached.

Saddam Hussein's Trial May Never Happen

Salem Hussein, the nephew of Ahmed Chalabi and Iraq's former Special Tribunal Director, gave an address to the American Enterprise Unit in which he said that:

"Saddam Hussein may never come to trial".

Saddam's defence team believe that the Iraqi Special Tribunal is illegitimate.

Additionally, the worsening security situation in Iraq will hinder the ability of the government to hold the trial there.

Indeed, Iraq is teetering on the brink of civil war; in that event it will be all but impossible to hold the trial there.

Psychic Claims $25M

A Brazilian court is considering that claim of a psychic, that the U.S. government owes him a $25M reward for information that he says he provided on the hiding place of Saddam Hussein.

Brazil's Superior Court of Justice ruled that the Brazilian justice system could rule on the matter, and told a court in the psychic's home state of Minas Gerais to judge the case.

The claimant, Jucelino da Luz, alleges that the U.S. armed forces only found Saddam based on his letters that provided his exact location.

Da Luz sent letters to the U.S. government from September 2001; describing Saddam's future hiding place, a tiny cellar at a farmhouse near Tikrit. He never received a reply.

In the event that his claim is upheld, it will be sent via diplomatic channels to the U.S. State Department.

Saddam's Trial May Be Delayed

It seems that Saddam Hussein's trial, scheduled to start on the 19th of October, may have to be delayed.

That at least is the possibility according to an unnamed British official, who said that the trial may have to be postponed until after the December elections in Iraq.

It appears that the reason for the proposed delay is not one of politics, but of safety and logistics.

The official noted that bullet proof screens and witness protection programmes had to be provided.

Quote:

"I think there are some logistical problems. There are a lot of things they haven't got round to yet."

He also noted that security forces are preparing for an upsurge in violence ahead of the elections. None of which augurs well for holding a trial.

Palace Returned To Iraqi People

The U.S. Army is returning one of Saddam Hussein's presidential complex, 136 buildings overlooking the Tigris River, to Iraq's government.

The complex is going to be turned into a 5-star hotel, so long as a civil war does not break out.

The Tikrit complex is equipped with crystal chandeliers, marble stairs and huge bathrooms with sunken baths; there is even an indoor waterfall cascading over private grottoes.

The U.S. forces occupied palaces and other Saddam regime compounds after the invasion in spring 2003.

As part of a major pr exercise, to show that the Americans are not an occupying power, the exercise of transfer was started last year.

Unfortunately, the speed of return is dependent on the level of violence in Iraq.

Trial Date Confirmed

The special tribunal, set up to try Saddam Hussein, has confirmed that the trial will commence on October 19.

However, they have added a caveat, namely that they have the right to delay the trial "when there are good reasons."

Saddam's lawyer, Khalil al-Dulaimi, has indicated that he will file for a delay when he appears in court on October 19.

He claims that he has not had enough time to prepare for the trial, and to review the evidence against his client. However, Iraqi officials say that he has been given sufficient time in accordance with Iraqi law.

Judges Chosen For Saddam's Trial

Five judges have been chosen for the trial of Saddam Hussein, due to start on the 19th of October.

Saddam's Iraqi lawyer, Khalil Dulaimi, said that Saddam's rights had been seriously violated throughout the legal process.

Quote:

"We have not been duly informed about any certain date for a trial. The defence has not been enabled to review any files of the charges or even any paper of investigation, despite the fact that we have made many and repeated requests to this effect."

However, another source said last month that Dulaimi had been given access to all prosecution documents and to his client whenever he requested.

Saddam faces the death penalty if convicted.