The first investigating judge of Mount Lebanon, Nicolas Mansour.
Two days after Germany dropped its May 2023 arrest warrant against him, Riad Salameh — the former governor of the Banque du Liban (BDL) — lost his bid on June 12 to have the Chief Investigative Judge of Mount Lebanon, Nicolas Mansour, recused in Beirut. Mansour is tasked with leading an investigation into a case of fraud and breach of trust in which Salameh is allegedly implicated, referred by the prosecutor at the Mount Lebanon Court of Appeal, Ghada Aoun. Salameh denies any allegations related to this case.
Salameh based his recusal request before the 6th chamber of the Court of the Mount Lebanon Court of Appeal, presided by Judge Rima Chbaro, on the claim that "Judge Mansour refused to interview him online, thus exposing him to danger," a source familiar with the ruling told L'Orient-Le Jour. The court ruled that a judge's refusal to hold an online hearing does not imply harm or risk to the litigant, the source continued, affirming that such actions by a judge are not grounds for recusal as outlined in Article 120 of the Code of Civil Procedure.
In its decision, the court further stated that the arrest warrant issued by Mansour to question Salameh is part of his duty to conduct investigations and constitutes one of the measures a criminal judge deems necessary within his inquiry.
According to the source, the former BDL governor had also requested to be interviewed at a location of his choosing, which Mansour denied. On three occasions, Mansour attempted to schedule a session for questioning at the Baabda Justice Palace, without success. Salameh filed his recusal action two days before the date set for the last hearing, in late February. Previously, he had presented procedural objections to Mansour, claiming that Judge Aoun was incompetent to handle the prosecution case against him. Mansour had rejected these objections, a decision upheld by the Mount Lebanon Indictment Chamber and the Court of Cassation, according to the same source.
LL400 million in damages
In addition to rejecting the recusal request, the court ordered Salameh to compensate Judge Mansour LL400 million (approximately $4,500 at the market rate) "for abusing his right to legal recourse and causing moral harm to the first examining judge by appealing against him without legal justification," the source added.
Judicial circles agree that Judge Chbaro is known for "making decisions based on the law, free from political considerations."
With the Court of Appeal affirming Judge Mansour’s control over the case, he is expected to resume his investigation, a magistrate told LOrient Le-Jour. He may question Salameh, provided he appears. If not, he has the authority to issue an arrest warrant against him, "a measure with questionable effectiveness under the current circumstances where impunity prevails," an anonymous depositor's lawyer noted.
The same source added that one of the means to obstruct justice could involve an action against the State that Mansour might face. However, Mansour recently ruled that such an action, presented before the plenary assembly of the Court of Cassation, does not remove the magistrate’s control over the case merely because it was filed with the court’s registry. Also, this high court cannot convene since it lost its quorum two and a half years ago, indefinitely postponing its meetings and rulings. For Mansour, the magistrate must be notified by the court's president, Souheil Abboud, who also presides over the Higher Judicial Council. Without this, Mansour asserted, he will continue to handle the case under his charge.
This article originally appeared in French in L'Orient-Le Jour.