A gathering on Aug. 4, 2023, in front of the silos at the Beirut Port. (Credit: Mohammad Yassine/L'Orient Today)
BEIRUT — The closing arguments by the Court of Cassation’s public prosecutor’s office in the case of the double explosion at the Port of Beirut on Aug. 4, 2020, have now been concluded, according to a high-ranking judicial source contacted by L’Orient-Le Jour.
This milestone marks a significant step forward in an investigation which has long been hampered by multiple layers of political and judicial interference and obstruction.
Since the avoidable tragedy caused by the fire involving 2,750 tonnes of ammonium nitrate that had been stored for years under hazardous conditions, and after several years of deadlock, the completion of the indictment now paves the way for a new stage in the proceedings and brings the investigating judge, Tarek Bitar, closer to finalizing his indictment.
According to our sources, the Judge at the Court of Cassation, Mohammad Saab, who has drafted the prosecution’s closing speech, is expected to submit it on Tuesday, or within the next few days at the latest, to the investigating judge in charge of the inquiry, Tarek Bitar. He had been tasked with reviewing the case file and preparing the prosecution’s submissions by the former Director of Public Prosecutions, Jamal Hajjar, and subsequently by the current head of the Public Prosecution Service, Ahmad Rami al-Hajj, after Judge Bitar concluded his investigations on March 30.
The families of the victims of the explosion are waiting to learn when Bitar will issue the indictment. According to our information, he is expected to do so shortly, although the timing will depend on the content of the prosecution’s closing argument. If the investigating judge’s entire file is approved, the indictment could be issued much sooner than if, for example, the prosecution were to request clarification on a specific point, seek charges against a person not named by Bitar, or ask him to expand the investigation to include a particular fact.
In any case, Bitar’s decision is expected shortly, according to information we obtained. In the meantime, he is expected to take certain measures, including executing arrest warrants against some of the defendants.
The port explosion was caused by a fire that ignited hundreds of tons of ammonium nitrate that had been stored for years without adequate safety measures. The investigation has been stalled since the tragedy after being subjected to numerous instances of political interference.
Discretion
It should be noted that the closing submission would, in particular, need to include a statement of the alleged offenses and an assessment of the evidence established by Bitar. In this regard, the judge may have to amend or add certain elements to his case file. The Public Prosecutor’s Office should also set out its position on the criminal liability of the persons implicated. However, this position is not binding on the investigating judge, who retains complete discretion to assess the case on the basis of the evidence and his own personal conviction.
Ahead of the indictment, the investigating judge is expected to take certain judicial measures, L’Orient Today has learnt. As soon as he has finalized his review of the prosecution’s closing speech, he will be able to summon the dozens of individuals implicated in order to serve them, depending on their degree of involvement, with an arrest warrant, a travel ban, bail, or a decision to dismiss the case.
The situation of the seventeen detainees released by the former Attorney General at the Court of Cassation, Ghassan Oueidate, as part of the legal standoff between him and Bitar in January 2023, also remains to be resolved. At the time, after Bitar had implicated several officials, including Oueidate, the latter ordered the release of those still in custody in connection with the case, whilst prohibiting the security services from carrying out the investigating judge’s decisions.
There is also the question of Oueidate himself, who never appeared before the investigating judge despite having been summoned by him, as well as that of political figures such as Ali Hassan Khalil of the Amal Movement, who is the subject of an arrest warrant but who has also never appeared before the investigating judge.
The final step for Bitar will be to put the finishing touches to his indictment. According to a judicial source, the indictment is virtually complete, with only a few details remaining to be finalized before it is issued. According to the same source, it is expected to be published by the end of this year at the latest.
