STL Trial Chamber Approves Joinder of Merhi, Ayyash et al. Cases

The Trial Chamber of the Special Tribunal for Lebanon on Tuesday approved a request from the Prosecution to join the case against the accused Hassan Habib Merhi to the case against Salim Ayyash, Mustafa Badreddine, Assad Sabra and Hussein Oneissi, whose in absentia trial had started on January 16.

The chamber issued its oral ruling during a public hearing in The Hague, saying a written decision on the matter will be issued “in due course.”

All of the five accused are indicted for their alleged role in the February 14, 2005 attack that killed former premier Rafik Hariri and 22 other people.

The Trial Chamber heard Tuesday submissions from the Prosecution, Defense Counsel, as well as the Registrar and the Head of the Defense Office.

Following deliberations by the judges at the close of the hearing, Presiding Judge of the Trial Chamber David Re said: “In these circumstances, the interests of justice must favor joining the two cases. The Trial Chamber has therefore decided that the two cases should be joined and tried on the same indictment.”

A representative of the Defense told the Trial Chamber that Pre-Trial Judge Daniel Fransen can play a role in the issue of joining the two cases.

The Defense said it is not opposed to joining the two cases in principle, but noted that the deadlines must be reconsidered under such a scenario to allow the Defense to submit new preliminary pleadings.

Judge Re said the Defense lawyers did not oppose the joinder of the two cases but demanded to have a pre-trial phase before the pre-trial judge.

The judge regretted the decision to join the two cases was taken at a late stage, blaming procedural measures.

He noted that the Trial Chamber will hear observations from the parties to determine the way to move forward with the trial, noting that it is possible to appeal the chamber's decision after it is issued as a written document.

Re said the important issue is the time needed by Merhi's lawyer Mohamed Aouini to file pleadings.

The hearing was subsequently adjourned until Wednesday at 11:00 AM (Beirut time).

At tomorrow's hearing the Trial Chamber will discuss “the practicalities in pursuing a joint trial, including the length of adjournment necessary to allow Mr. Merhi's counsel adequate time to prepare,” the STL said in a statement.

The Prosecutor submitted an indictment to the Pre-Trial Judge against Ayyash, Badreddine, Oneissi and Sabra January 17, 2011. The indictment, confirmed on June 28, 2011, was transmitted along with the arrest warrants to the Lebanese authorities on June 30, 2011.

On February 1, 2012, the Trial Chamber issued a decision to try the four accused in absentia, in accordance with Article 22 of the Statute of the Tribunal.

The Pre-Trial Judge confirmed a sealed indictment submitted by the Prosecutor against Merhi on July 31, 2013. This was made public in October last year. On December 20, 2013, the Trial Chamber issued a decision to try Merhi in absentia, which is permissible under Lebanese law.

And on December 30, 2013, the Prosecution filed an application to the Trial Chamber, requesting to join the two cases.

Merhi is charged with a number of crimes including "the crime of conspiracy aimed at committing a terrorist act."

He is alleged to have acted in a conspiracy with Hizbullah members Badreddine, Ayyash, Oneissi and Sabra in relation to the attack on February 14, 2005.

Merhi is alleged to have coordinated the preparation of the purported claim of responsibility as part of the preparations for and in furtherance of the attack.

The STL has described Merhi as “a supporter of Hizbullah” who was born on December 12, 1965 in Beirut. It said he has resided in Burj al-Barajneh.

Hizbullah chief Sayyed Hassan Nasrallah has rejected the STL, describing it as an American-Israeli conspiracy against his party. He has vowed never to cooperate with the tribunal, saying that the suspects will never be found.