The judge who acquitted the defendants in the case of Al-Salam 98 ferry is as innocent as the victims of the sinking ship, their families and all those who were expecting a just verdict.
The verdict was shocking and has fueled sentiments of deep sadness and frustration nationwide since it was announced last Sunday.
The prevailing feeling is that the last fortress for the oppressed in Egyptian society is collapsing and that the downtrodden no longer have a bulwark against the ferocity of the rich and powerful.
When 1,034 Egyptians drown while the criminals get away with murder in broad daylight, these feelings are natural and logical. The problem, however, is not in the judicial ruling acquitting the accused or in the judge who was about to be killed by the victim’s families after he handed down the verdict. The court’s ruling was based on the documents at hand and the bill of indictment submitted to the court, which ignored the essence of the case.
Rampant corruption allowed the company owning the ship to use its owner’s clout, relations and money to obtain the necessary statements and bills to commit their crimes at sea.
This company was operating a dilapidated vessel under forged safety papers. It also obtained a license to sail depending on invalid navigation certificates, which is contrary to the precautions that should be taken to preserve passengers’ safety.
This is the crux of the issue which should have been the focus of the public prosecution and the victims’ lawyer.
Every result is justifiable, and so the way the case was handled from the outset led to the unfortunate outcome: The defendants were acquitted even though they were responsible for the drowning of more than 1,000 poor Egyptian workers making a living abroad.
They could not find a source of livelihood in their home country that jettisons the weak and poor, therefore they left to pursue better opportunities in other parts of the world. Those who deprived these people of a decent life in their own country did not grant them the minimum of safety measures during their voyage at sea.
Those who monopolized wealth in Egypt have not only deprived the poor of the right to a decent life, their behavior led to the death of more than 1,000 innocent lives.
The corruption of those people has spilled over into the open sea. They operated a decrepit ship with the connivance of government agencies responsible for monitoring the safety of passenger ships.
Although the case seemed crystal clear, in fact it was not that clear from the documents submitted to the court. What can a judge do in a situation like this, caused by the shrewdness of defendants who have reached the highest degree of corruption and have become so powerful in their ability to cover their tracks? What can a judge do when the prosecution fails to prove a corrupt collusion between the company which owns the deadly ship and government agencies that monitor maritime transport? What can a judge do when the victims’ lawyers fail to focus on the substantial issues?
The victims of this ill-fated ship began to lose their rights with the two indictments and when the case was referred to a misdemeanors court. The employees of the two government agencies responsible for operating the clapped-out ship were exempt from indictment on the grounds that they would be referred to an administrative disciplinary trial.
Also, the indictment focused on a small detail, namely that the defendants had not informed the rescue authorities at a suitable time despite their knowledge of the accident.
An acquittal was inevitable if it was proven that they had informed the authorities or if it was discovered that the rescue teams were informed in a timely manner.
Therefore, the positive position taken by the Prosecutor General by appealing the acquittal will be useless unless the indictment and referral decisions are reformulated to zero in on the merits of the case, proving the collusion between the company which owns the vessel and the government agencies responsible for licensing, controlling and checking the safety requirements of the vessels on a regular basis.
Only then will Egyptian society in general, not just the families of the victims of the doomed ferry, regain hope in the possibility of putting an end to the widespread corruption in Egypt.
Dr Waheed Abdel Meguid is an expert at Al Ahram Center for Political and Strategic Studies.
