Saddam ousted from court by new chief judge

BAGHDAD: The new chief judge in the genocide trial of Saddam Hussein ordered the former Iraqi leader out of court on Wednesday after he protested at his appointment.           

Mohammed al-Oriebi al-Khalifah, a Shiite who had served as deputy presiding judge, took over as new chief judge after his predecessor Abdullah al-Ameri was sacked by the Iraqi government on Tuesday.            

Khalifah ordered Saddam removed from the high-security Baghdad court when the ousted leader complained about his appointment, and all defence lawyers also walked out.      Shiite judge Ameri was removed on Tuesday by the Iraqi cabinet. "The government of Iraq feels the judge is no longer neutral as could be seen when he described Saddam as not being a dictator," the cabinet said.          

Iraqi government spokesman Ali al-Dabbagh said that the Shiite-led cabinet had taken into consideration "a big uprising from the people, who feel that there is no longer any neutrality for the victims."             

Ameri has 25 years experience and was also a judge under the former regime. He was presiding in the trial in which Saddam and six of his colleagues face charges including genocide, accused of spearheading a military campaign in 1987-1988 against the Kurds that killed 182,000 people.     

Ameri came under fire from Kurdish and Shiite groups for making his controversial statement during a friendly exchange with the former Iraqi strongman at a hearing on September 14.            

Ameri had told Saddam: "You were not a dictator," and suggested it was those close to him who made him look like one. Saddam then thanked the judge.              

Dabbagh said the law that established the Iraqi High Tribunal empowers the cabinet "to transfer any judge or prosecutor to the high judicial commission" if they are not fulfilling their duty.      

According to rules of the tribunal, the deputy presiding judge of the trial succeeds the chief judge. The trial bench has five judges with one chief judge.        

International legal expert Nehal Bhuta of the New York-based Human Rights Watch slammed the Iraqi cabinet, saying the judge's removal was "a blatant violation of the independence of the court".           

"The statement of Dabbagh reflects that the government has not adequately understood the independency of the judiciary as a whole," Bhuta said.      

"This act jeopardises the integrity of the court and damages prospects of justice for the victims themselves," added Bhuta, who has been tracking legal proceedings against Saddam since they began.          

Saddam's first trial too saw a change on the judicial bench when chief judge Rizkar Mohammed Amin resigned on January 23 for "personal reasons".           

Though the judge never elaborated, sources close to him revealed he came under heavy pressure from a government official who felt he was ts face the death penalty if found guilty.