CAIRO: The Appeals Court adjourned Sunday the retrial of presidential hopeful and opposition leader Ayman Nour to Oct. 16, when a verdict is expected.
Nour was previously found guilty of fabricating powers of attorney while forming Al-Ghad Party.
"The court will either find him innocent in light of the new evidence or refer the case to a criminal court for a new trial, [where] he will have to plead his case all over again," Nour’s lawyer, Tarek Abdel Aziz, told Daily News Egypt.
Nour will not be allowed to run in the upcoming presidential elections, or participate in the political arena, if the court upholds the 2005 verdict.
This is the first time in history an Egyptian court retries a convicted defendant, he added.
Nour referred to famous cases in history similar to his, including that of Alfred Dreyfus, a French officer who was retried and exonerated in the late 1890s after being detained for seven years on charges of treason; and even Joan of Arc, recognized as a saint by the church 416 years after being convicted of atheism and burned alive.
Witness Ismail Zakaria changed his testimony in favor of Nour back in April, following the January 25 revolt, which meant there was enough legal ground for a retrial.
"New facts, documents and evidence that prove the innocence of the defendant have surfaced," Abdel Aziz told the court. "In my humble opinion, if the court had had this evidence, (Nour) would have been found innocent," he added.
Zakaria testified that he was coerced into fabricating Al-Ghad Party founders’ powers of attorney, by former State Security officials, who threatened to harm him if he refused. Zakaria had previously testified against Nour in 2005, which led to a five-year prison sentence.
"There was a demonic, horrible deal by sycophants of the [former[ ruler," Abdel Aziz said.
Months after running in Egypt’s first multi-candidate presidential elections, in which he was a distant second to then-incumbent president Hosni Mubarak, Nour was put on trial for fabricating powers of attorney to form his opposition party. He was found guilty in 2005 and the verdict was ratified by the Appeals Court in 2006.
In court on Sunday, Nour presented his case by detailing his struggle as an outspoken opposition figure against the fallen regime. He referred to a meeting with former speaker of Egypt’s Shoura Council Safwat El-Sherif, to prepare for Mubarak’s national dialogue with the country’s political powers on Feb. 2, 2005.
El-Sherif said that all political parties agreed to amend the constitution following the referendum on the new president and not before it, according to Nour. However, Nour rejected the agreement and insisted on amending the constitution first to nominate the new president via elections.
An argument then erupted between the two on whether anyone would dare to stand against Mubarak in the elections. Nour challenged him saying that Al-Ghad Party might nominate a candidate. A few hours after the meeting, "all hell broke loose," and accusations started to spread against Nour, he said.
El-Sherif is now being tried for his involvement in terrorizing, killing and injuring peaceful protesters on Feb. 2 and 3 in the clashes dubbed "Battle of the Camel," where Mubarak supporters raided the iconic Tahrir Square on horseback and camels.
"What happened to me was moral assassination…all I ask for is my right to live," Nour said addressing the court.
Nour was unexpectedly freed in 2009, which at the time was seen as a gesture to improve ties with US President Barack Obama’s new administration since the US had pressured for his release for years.
