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Public Transcript of the Hearing Held on 8 September 2017 in the Case

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Public Transcript of the Hearing Held on 8 September 2017 in the Case 20170908_STL-11-01_T_T394_OFF_PUB_EN 1/113 PUBLIC Official Transcript Procedural Matters (Open Session) Page 1 1 Special Tribunal for Lebanon 2 In the case of The Prosecutor v. Ayyash, Merhi, 3 Oneissi, and Sabra 4 STL-11-01 5 Presiding Judge David Re, Judge Janet Nosworthy, 6 Judge Micheline Braidy, Judge Walid Akoum, and 7 Judge Nicola Lettieri - [Trial Chamber] 8 Friday, 8 September 2017 - [Trial Hearing] 9 [Open Session] 10 --- Upon commencing at 10.05 a.m. 11 THE REGISTRAR: The Special Tribunal for Lebanon is sitting in an 12 open session in the case of the Prosecutor versus Ayyash, Merhi, Oneissi, 13 and Sabra, case number STL-11-01. 14 PRESIDING JUDGE RE: Good morning. We will continue with the 15 case of the Participating Victims today. 16 Appearing in the courtroom today is Mr. Milne for the 17 Prosecution; Mr. Haynes, Mr. Mattar, and Ms. Abdelsater-Abusamra for the 18 participating victims as the Legal Representatives of Victims; 19 representing Mr. Ayyash is Mr. Hannis; representing Mr. Merhi is 20 Mr. Khalil; representing Mr. Oneissi is Ms. von Wistinghausen; and 21 representing Mr. Sabra is Mr. Roberts. I can also note the presence of 22 two representatives of the Defence Office in the courtroom. 23 Before we start, the Chamber notes that today is a national day 24 of mourning in Lebanon. The Trial Chamber appreciates the reason for 25 this day of mourning, and in doing so, we express our understanding and Friday, 08 September 2017 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20170908_STL-11-01_T_T394_OFF_PUB_EN 2/113 PUBLIC Official Transcript Procedural Matters (Open Session) Page 2 1 convey our understanding of this to the people of Lebanon and anyone 2 affected by the events leading to the national day of mourning. 3 Now, Mr. Haynes, today? 4 MR. HAYNES: Today I have to complete the admission of the 5 Rule 155 materials into evidence, and that will involve the reading of 6 two very brief summaries, V033 and 034, and then we will turn to the 7 evidence of Professor Dr. Letschert, which I hope to complete within the 8 day. 9 I perhaps should mention at the outset two things: One, it 10 appears that she is likely to be unassigned a number, and the Court 11 Management Service would prefer that she had a number, and we might have 12 to invent a term of art. I learnt for the first time today that the 13 initials PRH stand for Prosecution Rafik Hariri, and so it would probably 14 make sense if Professor Letschert became VRH1 or LRH1. 15 PRESIDING JUDGE RE: We'll consider it. We don't need to do it 16 right this minute. 17 MR. HAYNES: Okay. And the second thing is, I think as everybody 18 knows, we have devised a PowerPoint to plot her through her evidence, and 19 we will be putting that up on the screen so that everybody can follow the 20 plot. 21 Then can I start with V033, whose witness statement dated the 22 4th of May has the ERN V033-E012, and appears at presentation queue 29 23 and 31 in its confidential form, and 30 and 32 in its public redacted 24 form, and they may be displayed. And that will become Exhibit 1V40. 25 PRESIDING JUDGE RE: Yes, the statement of V033 will be Friday, 08 September 2017 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20170908_STL-11-01_T_T394_OFF_PUB_EN 3/113 PUBLIC Official Transcript Evidentiary Matters (Open Session) Page 3 1 Exhibit 1V40. Are there any associated exhibits with this, Mr. Haynes? 2 MR. HAYNES: No. 3 V033 was a member of the convoy. He was severely injured in the 4 blast of the 14th of February. 5 Notwithstanding that, immediately after the explosion he was 6 required to report back for duty, and he didn't, in fact, receive any 7 hospital treatment at that time. He didn't take any time off despite his 8 injuries. 9 PRESIDING JUDGE RE: There's only one statement, Mr. Haynes? 10 MR. HAYNES: I'm not sure I understand the question. 11 PRESIDING JUDGE RE: All right. Is there only one statement, 12 Mr. Haynes? 13 MR. HAYNES: There is only one statement, yes. 14 He complains that he's been marginalized since the explosion and 15 his rights violated, and he believes he pays the price even today for 16 protecting Prime Minister Rafik Hariri. He suffers from health problems 17 as a result of the explosion. 18 He's particularly affronted that he has not, since that time, 19 received any promotion at work which he sees he merits and claims he has 20 been punished for his sacrifice for Lebanon. 21 He participates in the proceedings because he suffered due to the 22 explosion and could have died on that day. Apart from a promotion, he 23 wishes financial compensation. And as presently advised, I have no 24 information as to whether he has received any or sought any from any 25 source, but that will be added to the list of tasks for us to look into. Friday, 08 September 2017 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20170908_STL-11-01_T_T394_OFF_PUB_EN 4/113 PUBLIC Official Transcript Evidentiary Matters (Open Session) Page 4 1 PRESIDING JUDGE RE: Also on that, Mr. Haynes, there are 2 associated costs, such as medical expenses and so on. Do you have any 3 information on that as to whether he was out of pocket and had to pay his 4 own medical bills? 5 MR. HAYNES: I don't have any information. But given that he 6 wasn't, in fact, in the employ of the prime minister at the time, I think 7 it likely that he had to meet his own medical bills. 8 You might also care to take a glance at the material that's been 9 provided at PQ 146 in the English or 147 in the Arabic. It's not the 10 normal way of providing such information, but given the circumstances, 11 it's the only way we could. And there you will see how his statement 12 dove-tails with other materials. 13 98. 14 PRESIDING JUDGE RE: Yes, which lines? 15 MR. HAYNES: 6 to 8, I think. 16 JUDGE NOSWORTHY: Mr. Haynes, might I? Was any reason advanced 17 why there was no promotion? On what basis was it denied, are you able to 18 say? 19 MR. HAYNES: I am able to say because, obviously, I've had some 20 contact with the gentleman over the years. He's not been able to discern 21 any particular reason but feels he has been passed over in favour of 22 others, and that others have advanced in the job and he has not. But 23 that's as far as I can take it. 24 Can we move, please, to V034, who's name is Mehieddine Mneimneh. 25 His statement is at ERN V034-E009. It's dated the 7th of May -- no, that Friday, 08 September 2017 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20170908_STL-11-01_T_T394_OFF_PUB_EN 5/113 PUBLIC Official Transcript Evidentiary Matters (Open Session) Page 5 1 may be the 4th of May. It's at PQ 33 and 35 in its confidential form, 34 2 and 36 in its publicly redacted form, and it would become 1V41. 3 PRESIDING JUDGE RE: That witness statement as described will be 4 Exhibit 1V41. 5 MR. HAYNES: And he was injured in the explosion of the 14th of 6 February. He didn't take any time off work despite his injuries. 7 Similarly, he felt marginalized and that his rights had been violated. 8 And he stated that he protected Prime Minister Rafik Hariri and to this 9 day he is paying the price for doing so. 10 He's had health problems due to the attack, and he believes that 11 he deserved a promotion to a higher rank retroactively for his work and 12 his sacrifice for the country. He says that he was eligible for such a 13 promotion even as a token of appreciation and gratitude for his service. 14 He participates in these proceedings because he seeks to regain his 15 rights. He also seeks financial and moral compensation. 16 In a similar way, his evidence can match up with other material, 17 which is at PQ 140 in English, PQ 141 in the Arabic. It shouldn't be 18 displayed. And to get the flavour of that, you'd need to look at page 98 19 to 99 again. 20 And at PQ 142 in the English and 143 in the Arabic, similar 21 material at pages 9 to 10. And again, at 10 to 11. 22 PRESIDING JUDGE RE: Just one moment, Mr. Haynes. We're still 23 reading the first document. 24 MR. HAYNES: Certainly. 25 PRESIDING JUDGE RE: Yes, the next one please. Friday, 08 September 2017 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20170908_STL-11-01_T_T394_OFF_PUB_EN 6/113 PUBLIC Official Transcript Witness: Rianne Letschert (Open Session) Page 6 Procedural Matters 1 Yes, thank you, Mr. Haynes. 2 MR. HAYNES: Thank you. That concludes the reading of the 3 Rule 155 summaries on behalf of the participating victims. 4 PRESIDING JUDGE RE: That means we've admitted into evidence all 5 of the statements we authorized you to present under Rules 155 and 158? 6 MR.
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