Cairo: Welcoming the news that the family of a Lebanese pop singer, slain in Dubai in 2008, dropped a civil lawsuit against Hesham Talaat Mustafa, an Egyptian business tycoon, lawyers legal experts have said that the reported waiver will not affect the course of the criminal trial against him and an ex-policeman.
“The drop of the civil suit is a major step, but we will wait until we examine the text of the legal notices related to this waiver,” said Shawki Al Sayed, a defence lawyer for Hesham.
Media reports said on Friday that the family of Suzan Tamim, who was found dead in her luxury apartment in Dubai in July 2008, had dropped the civil lawsuit against Hesham, an ex-politician in President Hosni Mubarak’s ruling party. Hesham is accused of inciting Mohsin Al Sukkari, an ex-policeman, of killing Suzan, with whom the former had an allegedly failed love affair, for 2 million dollars. Both defendants have pleaded not guilty.
According to unconfirmed reports, Suzan’s family had dropped the case in return for $750 million. Sahar, Hesham’s brother, had negotiated the deal in Beirut, claimed the same reports.
“I have no information that any money has been paid,” said Al Sayed, the lawyer for Hesham.
In May 2009, a Cairo criminal court sentenced Hesham and Mohsin to death. Last March, however, the Court of Cassation, Egypt’s highest judicial authority, overturned the sentencing, and ordered their retrial. The retrial started on April 24 and will resume June 26 on the outskirts of the Egyptian capital. If found guilty in the retrial, Hesham and Mohsen would have the right to appeal the new ruling, and could get a third and final retrial if the appeal is accepted
The legal notices signed by Tamim’s father, mother and brother, were printed in the Lebanese newspaper Al Diyar. They stated in these notices that their accusation against Hesham was baseless. “We have completely amended our false assumption.” They had been pursuing a civil suit against Hesham for compensation.
“I have no idea about this change of heart. But if it happened, it would reflect awakening of a conscience on the part of Suzan’s family,” said Baha Abu Shukka, another defence lawyer for Hesham. He denied he had received any “certified official documents” to prove this waiver. “I called the family of Hesham who denied involvement in the alleged deal.”
Meanwhile, the Egyptian independent newspaper quoted Munir Al Sukkari, the father of Mohsin, as saying in a short text message that he had been informed by the Egyptian foreign Ministry that it had got an official notification from the Lebanese Ministry of Justice that Suzan’s family had dropped all accusations against both defendants “because they have become confident that there are others standing behind the crime”. He added that no money was involved for the waiver. The Foreign Ministry would not confirm his claims.
Since it came to the surface in July 2008, the case has riveted attention across the Arab world. Egypt’s media has labeled the case as the trial of wealth and blood.
“Dropping the civil case may be taken into the consideration of the court while deciding on a verdict,” said Aziz Mohammad, a lawyer at the court of appeal. “But it is up to the court to decide whether to uphold the previous ruling, mitigate it or acquitting the two defendants. The family of the victim have the right to give up the civil aspect of the case, but the criminal aspect remains the right of society represented by prosecutors.”
However, Mohammad contended that if the reported waiver furnishes new substantial evidence against other suspects, “then this would greatly affect the course of the case”.
