http://news.scotsman.com/international.cfm?id=2112602005

Wed 19 Oct 2005

11:16am (UK)
Saddam trial adjourned until Novem,ber 28th

LIAM PATERSON

The trial of Sadaam Hussein has been adjourned until the 28th of
November after a first trial session which lasted about three hours.

The former dictator of Iraq is being tried on charges of `crimes
against humanity' with one particular case - the execution of 143 men
in Dujail, a Shia village north of Baghdad – being used by the
prosecution as the single criminal act that may lead to a death sentence.

Upon entering the court this morning, Sadaam and his seven
co-defendants were led into a secure metal pen in the courtroom. From
the first, Saddam refused to recognise the legality of the court,
insisting that he remains the President of Iraq and that the court is
not therefore legally able to try him.

"Who are you? What does this court want?" Saddam challenged. "I don't
answer this so-called court, with all due respect, and I reserve my
constitutional right as the president of the country of Iraq."

Shortly after he was asked to identify himself, leading to the
following response: "You know me, you are an Iraqi and you know that I
don't get tired."

Eventually the judge told Saddam to sit down. Proceedings then
continued, with the main defendant declaring himself not guilty of any
charges read out by the judge and a prosecutor reading out the charges
in detail.

Although a verdict of guilty might seem guaranteed for the
68-year-old, there are many observers who feel that the trial has
dubious legality. The defence argues that the Iraqi Governing Council,
which created the trial statutes, was an unelected body that was
acting under US control.

Others question whether the trial constitutes a fair and independent
tribunal, consisting as it does entirely of Iraqi judges. Another
defence angle is that, like most heads of state, the former Iraqi
leader has immunity from prosecution as a head of state, and
retrospective legislation cannot remove such immunity.

In the face of such objections, it seems likely that Sadaam's main
counsel, Khalil Dulaimi, will insist on an immediate three-month
adjournment of the trial.









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