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Public Transcript of the Hearing Held on 20 November 2014 in the Case 20141120_STL-11-01_T_T96_OFF_PUB_EN 1/46 PUBLIC Official Transcript Procedural Matters (Open Session) Page 1 1 Special Tribunal for Lebanon 2 In the case of The Prosecutor v. Ayyash, Badreddine, Merhi, 3 Oneissi, and Sabra 4 STL-11-01 5 Presiding Judge David Re, Judge Janet Nosworthy, Judge Walid Akoum, and 6 Judge Nicola Lettieri - [Trial Chamber] 7 Thursday, 20 November 2014 - [Trial Hearing] 8 [Open Session] 9 --- Upon commencing at 10.09 a.m. 10 [The witness takes the stand] 11 THE REGISTRAR: The Special Tribunal for Lebanon is sitting in an 12 open session case of the Prosecutor versus Ayyash, Badreddine, Merhi, 13 Oneissi, and Sabra, case number STL-11-01. 14 PRESIDING JUDGE RE: Good morning. We are sitting to continue 15 with the evidence of Mr. Hamade. 16 Good morning to you -- 17 THE WITNESS: Good morning, Your Honour. 18 PRESIDING JUDGE RE: -- Mr. Hamade. I trust that you are well 19 refreshed and ready to continue with your evidence. 20 THE WITNESS: Yes, thank you, Your Honour. 21 PRESIDING JUDGE RE: All right. Before we get to your evidence, 22 I'll just note the appearances for the day. 23 And for the Prosecution we have Mr. Cameron and Ms. Bari. For 24 the Legal Representatives of the Victims, Mr. Haynes and 25 Ms. Abdelsater-Abusamra. For Mr. Ayyash Mr. Hannis is here, Mr. Edwards Thursday, 20 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141120_STL-11-01_T_T96_OFF_PUB_EN 2/46 PUBLIC Official Transcript Witness: Marwan Hamade –PRH038 (Resumed) (Open Session) Page 2 Examination by Mr. Cameron (Continued) 1 is for Mr. Badreddine, Mr. Roberts for Mr. Sabra, Mr. Larochelle for 2 Mr. Oneissi, Madam Le Fraper for Mr. Merhi. And there are three 3 representatives of the Defence Office, including Mr. Roux, in the court. 4 Mr. Cameron, are you ready to proceed directly to -- to continue 5 with Mr. Hamade's testimony? 6 MR. CAMERON: Yes, Your Honour. 7 WITNESS: MARWAN HAMADE [Resumed] 8 Examination by Mr. Cameron: [Continued] 9 Q. Good morning, Mr. Hamade. 10 A. Good morning, sir. 11 Q. When we last spoke you were providing the Tribunal with a 12 description of -- 13 PRESIDING JUDGE RE: Mr. Cameron, I'm terribly sorry. 14 I'm sorry to interrupt you. I neglected to mention a moment ago 15 that the Chamber is sitting today in the absence of Judge Braidy under 16 Rule 26(A). Judge Braidy is unwell and unable to sit with us today. The 17 remaining Judges of the Chamber have decided to continue with the hearing 18 in her absence today. So just to make that quite clear. 19 Please continue. 20 MR. CAMERON: 21 Q. Yesterday, Mr. Hamade, you had provided the Tribunal with a 22 description of what had occurred in the parliamentary session of 23 September the 3rd, 2004, relating to the discussion of the constitutional 24 amendment to Article 49, permitting the extension of President Lahoud's 25 term from six years to in effect nine years. Do you recall that? Thursday, 20 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141120_STL-11-01_T_T96_OFF_PUB_EN 3/46 PUBLIC Official Transcript Witness: Marwan Hamade –PRH038 (Resumed) (Open Session) Page 3 Examination by Mr. Cameron (Continued) 1 A. Yes, sir. 2 Q. And following that session in Parliament, what were your next 3 steps in a political sense as a member of the Democratic Gathering or 4 bloc? 5 A. We took several steps to express our indignation and our refusal 6 of this imposed re-election. We decided to submit our resignations as 7 ministers of economy and trade, myself; of culture, Mr. Ghazi Aridi; and 8 of displaced persons, Mr. Abdullah Farhat. And we took an appointment to 9 remit these resignations from Mr. Hariri, who returned -- who went away 10 again for the weekend in Europe and returned in the beginning of the 11 week. And I do recall that on Wednesday, after a meeting Tuesday at the 12 house of Mr. Jumblatt of the Democratic Gathering, we went to Mr. Hariri 13 and I presented the letter of resignation, Mr. Aridi in his, and 14 Mr. Farhat, his letter, and I made a short statement when we went out 15 where I expressed the reasons of our resignation. 16 MR. CAMERON: Now, if I could ask for the following document to 17 be shown to the witness, which appears at positions 12 and 13 of the 18 Prosecution's queue. It's a document dated the 8th of September, 2004, 19 and it's an article from An-Nahar newspaper referring to the resignation 20 of Mr. Hamade and others. 21 The document was an extract from a larger set of eight An-Nahar 22 newspaper articles with the collective ERNs 60235629 to 60235642, which 23 was tendered in the Prosecution's motion of the 21st of October under 24 Rule 154, appearing in annex A1.6, row 2, and listed in annex B, row 351, 25 to be added to the Rule 91 list. Thursday, 20 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141120_STL-11-01_T_T96_OFF_PUB_EN 4/46 PUBLIC Official Transcript Witness: Marwan Hamade –PRH038 (Resumed) (Open Session) Page 4 Examination by Mr. Cameron (Continued) 1 The ERN number of the particular document is 60235631 to 632. 2 Q. Do you see the document before you, sir? 3 A. Yes. 4 Q. And you'll note that on the first page there is a date of 5 September 7th, 2004? 6 A. Yes. 7 PRESIDING JUDGE RE: Is there any objection from the Defence to 8 this document being received into evidence? 9 MR. CAMERON: I read out the wrong ERN number, I'm afraid. I'm 10 very sorry about that. It does appear at positions 12 and 13, but the 11 ERN -- the correct ERN number is 60235633 to 634. It is an extract 12 from -- 13 PRESIDING JUDGE RE: I asked a moment ago if there is any 14 objection from the Defence. It's the subject of a motion from the 15 Prosecutor to add it to their exhibit list. 16 Is this one of these documents that was also originally on the 17 list and then accidentally omitted at a later point? Are these in the 18 same category as the same documents yesterday? 19 There being no voiced objection, the Chamber will grant the 20 application to add it to the exhibit list. And the document will become 21 Exhibit P312. 22 The document has the headline, it's an information index -- 23 information item: "Boueiz, Hamadeh, Aridi and Farhat have resigned, and 24 the new Government after the Hariri's tour; Jumblatt to An-Nahar: Taif 25 is finished, and we have gone into a presidential system," and the date Thursday, 20 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141120_STL-11-01_T_T96_OFF_PUB_EN 5/46 PUBLIC Official Transcript Witness: Marwan Hamade –PRH038 (Resumed) (Open Session) Page 5 Examination by Mr. Cameron (Continued) 1 is the 7th of September, 2004. 2 MR. CAMERON: I could enter that document, but I'd like to start 3 again, please. And it's a document it was -- we got through the similar 4 provenance. It's one of three documents I could enter, I've decided just 5 to enter the third document for the sake of economy. That document -- 6 the ERN starts 60235637, and it appears before you now. It's a document 7 dated the 8th of September, 2004, and it's an article from An-Nahar 8 newspaper. I'm sorry for the confusion. 9 PRESIDING JUDGE RE: Do you wish to switch the other document for 10 that one? 11 MR. CAMERON: Yes, Your Honour. 12 PRESIDING JUDGE RE: Okay. 13 It's a different document. I take it that the Defence takes the 14 same position of mute nodding in relation to receiving it into evidence. 15 Okay. 16 The real Exhibit P312 will be the one the Prosecutor just 17 described and not the document of the 7th of September, 2004. 18 MR. CAMERON: 19 Q. Now, do you see that one in front of you, Mr. Hamade? 20 A. Yes, sir. 21 Q. And you can see that the beginning of the text reads: 22 "The Minister of the Economy and Trade, Marwan Hamadeh, the 23 Minister of Culture, Ghazi Aridi, and the Minister for Refugee Affairs, 24 Abdullah Farhat, officially tendered their resignations yesterday to the 25 Prime Minister, Rafik Hariri." Thursday, 20 November 2014 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20141120_STL-11-01_T_T96_OFF_PUB_EN 6/46 PUBLIC Official Transcript Witness: Marwan Hamade –PRH038 (Resumed) (Open Session) Page 6 Examination by Mr. Cameron (Continued) 1 That would be the 7th of September. Is that your recollection? 2 A. Yes, sir. 3 Q. And the text continues to say that after a meeting held at 4 Quraitem which lasted for half an hour, you then made some remarks. Was 5 the meeting at the Quraitem with Rafik Hariri? 6 A. Yes, of course. He was the prime minister and we had to remit or 7 submit our resignations to him. 8 Q. Okay. Now, you had voted against his position in Parliament on 9 the September the 3rd, and was there any difficult feeling among you as a 10 result of your position and his position being different? 11 A.
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