Ex-Iraqi judge: 148 Shiites got fair trial in '82
BAGHDAD, Iraq — A former judge who sentenced 148 Shiites to death under Saddam Hussein's rule in the 1980s told prosecutors in the Saddam trial today that the suspects had confessed and received a fair trial.
But Awad al-Bandar acknowledged the defendants had only one defense lawyer, appointed by his Revolutionary Court.
Al-Bandar was one of seven co-defendants in the case who were cross-examined last month, but he was called back for both the defense and prosecution to present new documents.
Saddam was not in the courtroom. On Wednesday, the former president was cross-examined by prosecutors for six hours for the first time in the six-month trial.
Prosecutors are seeking to show that al-Bandar's Revolutionary Court gave the 148 Shiites only a cursory trial on charges they tried to assassinate Saddam in the town of Dujail in 1982 — and that Saddam approved their death sentences even though many had nothing to do with the attack.
"It was a legal and a just court," al-Bandar insisted, saying the defendants had confessed to carrying out the assassination plot "with instructions from the government of Iran to overthrow the regime in Iraq."
He acknowledged that none of the defendants in the case was found innocent. He also said the 148 suspects had only one court-assigned lawyer among them.
"We appointed a lawyer because no lawyer was hired," he said. Asked how many lawyers, he said the court's policy was to appoint one lawyer per case regardless of the number of defendants.
"All the defendants were present in the court. ... They confessed before me and the ruling was issued," al-Bandar said. "If I, as a judge, issue a sentence in accordance with the law, should I be punished?"
Saddam and the seven former members of his regime face possible execution by hanging if found guilty over the crackdown launched against the residents of Dujail.
The defendants have insisted their actions were a legal response to the assassination attempt. But prosecutors have sought to show the sweep went far beyond the actual attackers, including children as young as 11 years old who were killed.
Defense lawyers today presented a series of handwritten documents from 1984 they said were confessions by some of the Shiites, telling their interrogators they plotted with the pro-Iranian Shiite Dawa party to kill Saddam.
Chief prosecutor Jaafar al-Moussawi noted that one of the purported confessions was by a suspect, Ahmed Jassem, whose identity card showed he was 15 at the time. "He was a minor ... and he was tried and sentenced to death by the Revolutionary Court," he said.
"The identity cards are forged," al-Bandar shouted. "I did not sentence minors. I sentenced adults. They were all over 20 years old."
After a two-hour session, the trial was adjourned until Wednesday.
