STL's 2nd Day of Testimonies Focus on Truck Seen in CCTV Footage near Hariri Blast Site

إقرأ هذا الخبر بالعربية
  • W460
  • W460
  • W460
  • W460
  • W460
  • W460

The Special Tribunal for Lebanon continued on Thursday hearing the testimonies of various witnesses linked to the assassination of former Prime Minister Rafik Hariri.

Witness Robyn Fraser, who had worked for the STL Office of Prosecution between August 2009 and August 2011, continued the testimony she had started on Wednesday.

Wednesday's proceedings tackled the cases of two witnesses who were directly affected by the February 2005 blast, while Fraser's testimony focused on the CCTV camera footage taken in the areas surrounding the blast scene.

Senior Trial Counsel Alexander Milne carried out the cross-examination on behalf of the Office of the Prosecution, while Defense co-counsel for suspect Mustafa Badreddine Iain Edwards carried out the cross-examination on behalf of the Defense team.

The Prosecution focused its questions on the CCTV footage taken by a camera at the HSBC Bank near the Hariri blast site.

Attempts were made to determine the route of the lorry, suspected of carrying the explosives used in the attack, as it made its way out of the Suleiman Franjieh tunnel, making its way in front of the Phoenicia Hotel and later HSBC Bank before the explosion took place.

The Prosecution showed various stills taken by the camera at the bank, including some taken before and after the blast.

Fraser explained that the camera footage is not of high quality and the investigation was unable to make any clear closeups of any individuals or vehicles at the scene.

The Defense made an observation that given the proceedings of the testimonies, it has not yet been established that the white lorry seen in the footage is the white Mitsubishi that is suspected of carrying the explosives used in Hariri's assassination.

In addition, Fraser said that the lorry preceded Hariri's convoy by about a minute and that it was moving at a pace ten times slower than other vehicles.

Following the Prosecution's cross-examination, the Defense focused its questioning of the witness on whether the lorry seen in the various CCTV footage was one and the same.

Edwards pointed out that the quality of the footage made it impossible to make out the license plate number of the truck.

The Defense said that given the inability to find any unique characteristics of the lorry and the inability to view the front of the vehicle, it would not be unlikely that the witness may have been looking at two different lorries.

He also stated that an expert would be needed to determine whether the lorry in the footage were all of the same vehicle, given that there were no distinguishing features to the vehicle.

Fraser said that she seeing as she was not an expert in such matters, she was unable to verify the make and model of the lorry.

The Defense then concluded the cross-examination.

Three witnesses will make their testimonies on Friday and more testimonies will be made on Monday.

Thursday's session was adjourned to 11 am Beirut time on Friday.

Wednesday's hearing tackled the CCTV footage taken by cameras at the Suleiman Franjieh tunnel and one camera at the corner of the Phoenicia Hotel.

Four Hizbullah suspects – Mustafa Badreddine, Hassan Oneissi, Salim Ayyash and Assad Sabra - have been indicted in Hariri's murder in what prosecutors say was a suicide truck bombing that killed him and 21 others on the Beirut seafront.

The suspects are being tried in absentia because they haven't been arrested.

The fifth to be indicted was Hassan Habib Merhi, who was indicted later than the other four suspects and is not officially a suspect in the trial that started Thursday but several accusations have been made against him.

His lawyers are attending the trial in observer status.

Timeline
  • 23 January 2014, 17:36

    The session was adjourned to 11 am Beirut time on Friday.

  • 23 January 2014, 17:24

    The cross-examination of Fraser ended.

  • 23 January 2014, 17:22

    The witness said that she would not be able to verify if the lorry would be able to carry explosives used in the assassination.

  • 23 January 2014, 17:21

    Answering the Defense's question, the witness said she would not be able to determine the make and model of the lorries.

  • 23 January 2014, 17:18

    The witness agreed to the Defense's statement that an expert's assistance would be needed to determine if the lorries seen in the CCTV footage were all one and the same.

  • 23 January 2014, 17:13

    The Defense said that given the inability to find any unique characteristics of the lorry and the inability to view the front of the vehicle, it would not be unlikely that the witness may have been looking at two different lorries.

  • 23 January 2014, 17:04

    The Defense presented a number of stills of the lorry in an attempt to allow the witness to make out the front of the vehicle.

  • 23 January 2014, 16:55

    No analysis of the dimensions of the truck seen in the various CCTV footage was made, said the witness.

  • 23 January 2014, 16:40

    After conferring with her colleagues, the OTP team had to accept whatever decision the Lebanese authorities took over the matter, whether they had the footage or not, she said.

  • 23 January 2014, 16:36

    She was not able to obtain the south to north traffic records despite her requests to the Lebanese authorities.

  • 23 January 2014, 16:35

    Fraser revealed that she had requested footage of traffic going north to south of the tunnel, but the Lebanese authorities only ended up providing her with footage of traffic going south to north, which she already had.

  • 23 January 2014, 16:31

    The hearing resumed with the Defense cross-examining Fraser with a testimony on the CCTV footage that had been provided by a witness during the investigation.

  • 23 January 2014, 16:17

    The STL hearing was resumed.

  • 23 January 2014, 14:53

    The STL took a 75-minute break.

  • 23 January 2014, 14:44

    The Phoenicia Hotel and HSBC Bank CCTV cameras did not capture the number plate of the lorry, replied the witness to the Defense's questions.

  • 23 January 2014, 14:42

    Fraser said that the number plate of the lorry could not be made out from the tunnel footage.

  • 23 January 2014, 14:39

    The witness stated that the OTP was not aware of any CCTV cameras at the roads that may have captured the lorry after it had exited the tunnel.

  • 23 January 2014, 14:28

    Fraser said that she does not recall if any inquiries were made to obtain CCTV cameras in the area west of where the Hariri convoy was headed.

  • 23 January 2014, 14:27

    Fraser said that the Lebanese authorities sought to obtain all CCTV camera footage in the area.

  • 23 January 2014, 14:26

    The Defense asked if any CCTV cameras exist in the area west of where the Hariri convoy reached, which the witness said she was not aware of.

  • 23 January 2014, 14:24

    A member of the Defense, representing Badreddine, took his turn to cross-examine the witness.

  • 23 January 2014, 14:18

    The Legal Representatives of the Victims had no questions for the witness.

  • 23 January 2014, 14:18

    The Prosecution ended its questioning of Fraser.

  • 23 January 2014, 14:06

    The witness speculated about which road the lorry could have taken before returning to the blast site after it had exited the Suleiman Franjieh tunnel and gone out of view for about an hour.

  • 23 January 2014, 13:50

    The Prosecution focused his questions on the roads near the blast site and the route the lorry took to head to the scene.

  • 23 January 2014, 13:32

    The STL hearing resumed after a short break.

  • 23 January 2014, 13:03

    The STL took a half-hour break.

  • 23 January 2014, 12:50

    The Prosecution showed an image taken from another camera near the blast scene that shows a reflection of the explosion off nearby buildings.

  • 23 January 2014, 12:32

    Images captured from another HSBC Bank CCTV camera were shown.

  • 23 January 2014, 12:29

    From the HSBC Bank footage, the Hariri convoy appears at 12:54.57, said Fraser.

  • 23 January 2014, 12:13

    The Prosecution then showed a number of stills taken from the HSBC Bank CCTV camera.

  • 23 January 2014, 12:09

    Fraser revealed that attempts were made to magnify the image of the driver of the lorry, but these efforts failed due most likely to the quality of the footage.

  • 23 January 2014, 12:09

    The Defense made an observation that given the proceedings of the testimonies, it has not yet been established that the white lorry seen in the footage is the white Mitsubishi.

  • 23 January 2014, 12:01

    The lorry precedes Hariri's convoy by about a minute, said Fraser.

  • 23 January 2014, 11:58

    Fraser explained that the camera footage is not of high quality, preventing any clear closeups of any individuals or vehicles at the scene.

  • 23 January 2014, 11:51

    Fraser said that the lorry was moving at a slower pace than other vehicles, at about ten times slower.

  • 23 January 2014, 11:49

    Images captured by the HSBC bank CCTV camera seconds before Hariri's assassination were showed.

  • 23 January 2014, 11:48

    Fraser explained that the camera was three minutes faster than actual time.

  • 23 January 2014, 11:48

    The Prosecution continued hearing the testimony of Robyn Fraser, who had worked for the STL Office of Prosecution between August 2009 and August 2011.

  • 23 January 2014, 11:38

    The STL resumed the second day of witness testimonies linked to the assassination of former PM Rafik Hariti.

Comments 45
Thumb cedars2 23 January 2014, 12:29

Roar this will be the fairest trial on earth. Be patient and you will see.

Missing imagine_1979 23 January 2014, 13:36

Any other justice u propose? What would hv been the alternative?...
Roar it is nice to see what better could hv been done, but compare to what was proposed this zionist/takfiri/imperialist/ksa tribunal put under charter 7 of the UN suits me fine..
But again if u had any better suggestion please do share it with us...
Really no Chupachups roar?..

Thumb cedars2 23 January 2014, 14:13

Wait!! wait!! wait!! Dont act like an impatient teenager hoping to lose his virginity! Patience and you will see what they have my friend. This is merely scratching the surface, I'll bet anything they have undisputable facts.

Missing imagine_1979 23 January 2014, 14:39

No roar, i have my own opinion (still syrian regime has given the orders for me ) but waitting for the trial results...
Does it answer ur question roar?..

Missing imagine_1979 23 January 2014, 12:39

Yes this court sucks, assad court, iranian revolution courts, even lebanese courts (btw do u have any news about smaga/mamlou, botros harb assassination attemp, tripoli blasts..) yes all those are far more efficient and juste...
Bravo roar, plus one for ur perceverence...
Chupachups?...

Missing imagine_1979 23 January 2014, 13:31

Well u were contesting the work of this tribunal, i also wish ot was perfect, i also wish for a world with no tribunals where anyone lives with no problems no killings no rape no injustice.. But to get back to reallity this is the best tool available compares to the one i hv sited (which are seen by patriotic hezbos are good instances....)
Thanks again for ur post, plus one for u (again..)
No chupachups?

Thumb _mowaten_ 23 January 2014, 17:05

dont even bother roar, they have no proof and no case, but the outsome has been determined years ago.

by ignoring leads that weren't "convenient", by using telecom data which has been under full control of israel through their agents, by being unable to say who bought the phones (in tripoli) and who bought the truck (also in tripoli), and by not even being able to identify the suicide bomber (also from tripoli?) they have no credibility.

Thumb LEBhasNOhope 23 January 2014, 18:55

That's the best response you can come up with? show me one country where a defendant can put a prosecutor in jail? do you even understand the concept or law and order? epic fail!
you can't stop the inevitable. The world are going to see your hizb for the terrorists and murderers they truly are.

Default-user-icon nobody (Guest) 23 January 2014, 12:51

Is there anything in the rules of the court that prevents cross examination of witnesses? If there is, could you post a link/pointer to the source? Thanks.

Thumb _mowaten_ 23 January 2014, 17:08

nobody:
rule 145 of the RPE of the STL is about questioning the witnesses. A and B say there is a right to cross examination, but article C says:

"The Trial Chamber may decide to depart from the modes of proceeding provided for in paragraphs (A) and (B) wherever it considers that this is required by the interests of justice"

that is totally arbitrary.

Thumb _mowaten_ 23 January 2014, 17:18

more, anonymous witnesses:
Where
, at any stage of the proceedings,
there is:
(i)
a serious risk that a witness or a person close to the witness would lose his life or suffer grave physical or mental harm as a result of his identity being revealed, and measures for the protection of witnesses as provided for in Rule 133
would be insufficient to prevent such danger; or
(ii)
a serious risk that imperative national security interests might be jeopardised should the witness’s identity or affiliation be revealed

At the request of the Prosecutor, the Defence, or a legal representative of a victim participating in proceedings, the Pre-Trial Judge shall question the witness in the absence of the Parties

meaning, they call anonymously take the testimony of a mossad agent, and not even give a chance to the defense to cross-examine him.

Thumb _mowaten_ 23 January 2014, 17:19

they *can* anonymously take the testimony of a mossad agent, and not even give a chance to the defense to cross-examine him. (claiming that his affiliation -mossad- could jeopardize "national security interests")

Thumb _mowaten_ 23 January 2014, 17:22

Rule 117
Se
curity Interests of States and O
ther
International
Entities
(A)
Where information in the possession of the Prosecutor is not obtained under or otherwise
subject to Rule 118, and its disclosure would ordinarily be required under Rule 110 or
113, but such dis
closure may affect the security interests of a State or international entity,
the Prosecutor may apply
ex parte
to the Pre
-
Trial Judge sitting in camera for an order to
be relieved of his obligation to disclose in whole or in part, or subject to counterbal
ancing
measures provided for in Rule 116(A)

Thumb _mowaten_ 23 January 2014, 17:24

call that justice? ROFL. at least in third-world countries they dont put on all that show when they make political trials.

Thumb _mowaten_ 23 January 2014, 17:25

the copy paste is acting weird, but that last rule says that the prosecutor can abstain from showing evidence if the "interests of a state" are at stake.
he can just show them privately to the judges ONLY

the defendants and their lawyers dont even get to see the evidence, yet they can be convicted based on it.

Thumb LEBhasNOhope 23 January 2014, 17:42

momo- that rule was put in place to protect witnesses from being knocked off by your employers. They have yet to use it. what in the world would a mossad agent be doing testifying? good God man! is there anything that you can't try and tie to Israel as a cover for your boss's crimes? does Israel control the world for the sole purpose of discrediting the mighty HA because they can't defeat them in a war (divine victory might i add). Have you ever heard of a whistle blower? not a single person has decided to blow the whistle on this conspiracy theory that you so adamantly claim it to be? not even anonymously? BTW- those rules apply to the prosecution as well. they are afforded the same privileges as long as they make their case. It is called justice! something that is foreign to your employers.

Thumb LEBhasNOhope 23 January 2014, 17:44

*same rules afforded to the prosecution and defense.

Thumb _mowaten_ 23 January 2014, 18:15

nope mish-mash, the defendants can't put the prosecutor in jail without showing him any evidence. the reverse is possible.

Thumb LEBhasNOhope 23 January 2014, 18:56

hat's the best response you can come up with? show me one country where a defendant can put a prosecutor in jail? do you even understand the concept or law and order? epic fail!
you can't stop the inevitable. The world are going to see your hizb for the terrorists and murderers they truly are.

Thumb _mowaten_ 24 January 2014, 12:28

you're so retarded i feel sad for you.
(no offense intended to mentally challenged people)

Thumb cedars2 23 January 2014, 13:07

Roar they remove some of my posts. Yesterday I made a joke about HA they removed it. Relax, take a chill pill.

Missing imagine_1979 23 January 2014, 13:38

Same apply to me.. Please naharnet we are preaching democracy, so even if we donnot agree we must at least be able to share our ideas... (Given it is no insults and such...)

Thumb popeye 23 January 2014, 13:28

If you want to misrepresent the truth, it is your prerogative. People are watching the trial live!!! The judges asked the defense attorneys after every witness's testimony so far if they had any questions for the witness. You want to distort facts to suit your agenda. How do you try to sell these lies is beyond me! A claim that an international court is not allowing the defense to cross examine the witnesses is beyond the lowest of lies.

Thumb popeye 23 January 2014, 13:31

is anyone forcing you to come and post here. Stop your rants and trying to portray the victim's image all the time. I had posts deleted for no reason whatsoever, thanks to people like you and your aliases.

Thumb cedre 23 January 2014, 15:17

or maybe u're paid to do it...

Thumb ice-man 23 January 2014, 13:45

leb_roar: it is understandable when one has family and friends as part of the accused to have such strong emotions about the proceedings. I mean this is a life changing experience.

Thumb popeye 23 January 2014, 14:35

the_roar: please read this

20 minutes ago A member of the Defense, representing Badreddine, took his turn to cross-examine the witness.

Thumb _mowaten_ 23 January 2014, 17:28

yea popeye, nobody said they can cross-examine NO WITNESSES. they can cross examine a few, but they can be denied that right selectively.

Thumb popeye 23 January 2014, 14:38

@the_roar: you attacked the STL and wrote "Unless the so called "witnesses' are allowed to be cross examined like any self respecting court, that truly seeks the truth, then this is a waste of peoples time & an insult to peoples intelligence."

Now, please read this:

20 minutes ago A member of the Defense, representing Badreddine, took his turn to cross-examine the witness.

Thumb ex-fpm 23 January 2014, 14:42

hahahahaha!!!! I wonder what the_roar is thinking now:)))

Missing theobserver 23 January 2014, 14:53

23 January 2014, 14:18
A member of the Defense, representing Badreddine, took his turn to cross-examine the witness.

Thumb cedre 23 January 2014, 15:17

u'd rather spent lebanese taxpayers' money on ooutdated MIGs than give justice for our killed prime minister...

Default-user-icon alios ienchoui (Guest) 23 January 2014, 16:15

Unless the so called "witnesses' are allowed to be cross examined like any self respecting court, that truly seeks the truth, then this is a waste of peoples time & an insult to peoples intelligence.

don't you feel foolish syrian now that the witness is being cross examined.

Missing imagine_1979 23 January 2014, 18:12

Nope not stchholms syndrom, they share no compation for assad (at least most of them) but they find comon ground (or share comon interest) for now.. Not talking aboud takfiri struggle (shaker el abssi, hachem minkara, abou addass and co...)
But comon intrest on sharing power...
The thing is hezbos and syrian regime might share ministeries position and wealth (debatable) but will never let anyone (no even aoun) share decision that they conssider strategic.. Engage in wars...
Anyway that being said...
March 8 chupachups?

Default-user-icon Guy (Guest) 23 January 2014, 18:19

Strange nobody cited this rule:

"A conviction may not be based solely, or to a decisive extent, on the statement of a witness" not crossexamined (i.e., an anonymous witness). This is a rule accepted in the UK and by the European Court of Human Rights. I see no problem there.

All witnesses can be cross-examined by the defence and by the victims, and both defence and victims can ask to bring to court any evidence necessary to prove their theories of the case. The trial is broadcast all over the world, which you cannot say about trials in France or Lebanon, I think.

Thumb inCommittee 23 January 2014, 18:30

why did the defense ask that some CCTV footage not yet aired be kept secret?

Missing imagine_1979 23 January 2014, 19:25

So they donnot show takfiri/cia/zionist/ksa blowing hariri?..
Just a guess, what did u had in mind?

Thumb ice-man 23 January 2014, 19:04

Thanks roar for finally seeing the point and I hope you don't so rigorously attack the court. Please, understand this is an international court and they are under extreme scrutiny. Denying the defense from cross examination torpedoes the fundamentals of justice. What mowaten was referring to is not uncommon in many civilized countries. If you check your laws in Australia, you will find similar but rare cases. The prosecution in the STL has not denied any requests by the defense for cross examination so far. When and if that happens, will cross that bridge when we come to it.

Thumb ice-man 23 January 2014, 19:16

I give you an example: In the United States, undercover agents and CIA agents when involved in covert operations that lead to the arrest of high profile suspects, etc. the judges may rule the defense may not cross examine them as witnesses for fear of revealing their identity. To that end, the judge may ask for supplemental judges to cross examine the witness in chambers without the presence of the prosecution or the defense. Once the judge (s) are satisfied, they release the witness from further testimony. Since the Hariri murder case is a high profile case, this might apply, but who knows. We will have to wait and see....

Missing imagine_1979 23 January 2014, 19:24

Yes they didn't get a clear picture of abou adass blowing himself, maybe they should hv put this on the tape to make it more credible.. Maybe next tape with next fabricated abou adass...
Plus one for u speakfreely...

Missing imagine_1979 23 January 2014, 19:28

Yes "al mou2amar"... Well what is showing now is that after our hero hesboz went to syria the shit is all over lebanon, so maybe it is like this that the doom begins (bc 14 assassinations, assassination attempts, 7 ayyar, black shirt...all that was lebanon gold age...
Bravo canadian, plus one for u bro..
Btw isn't hezbollah considered as a terrorist organisation in canada?..
Chupachups bro?...

Missing people-power 23 January 2014, 19:36

This trial is so unfair, claims Mowaten. Momo's biggest fear is that someone could be "put in jail" based on the testimony of a witness who is not cross examined.

Here is my response:

1. No one will be put in jail, because all the accused murderers are protected by Hezbollah, and are either in Iran or suicided.
2. You are complaining about the theoretical possibility of a witness not being cross examined, when so far all witnesses have been cross examined?
3. No suspect will be convicted based on a witness testimony. This is not Iran or Syria.
4. Your friend Fit-Thrower has admitted that he is willing to assume that Hezbollah killed Hariri. Listen to Fit-Thrower.

It is really funny that you are so OUTRAGED that someone might be "put in jail" based on this trial. Hahahahahaha. They can't even interview a suspect, no less arrest them.

Missing people-power 23 January 2014, 21:25

Here is your complete quote, let other readers be the judge of who is misquoted:

"i'm willing to say that hezbollah killed hariri. how will the lebanese deal with it? the same way they dealt with geagea killing rashid karami or the frangieh church massacre. they will come to the point where they need to understand that the page must be turned and that there is no way to govern in any cabinet or any parliament without hezbollah by your side. only when hezb itself decides its resistance and military are no longer needed, will it disband by its own accord and without anyone forcing it."

http://www.naharnet.com/stories/en/114521-stl-defense-emerges-confused-and-divided-from-first-two-days-of-trial

Missing people-power 23 January 2014, 21:29

Please allow me to summarize your comments:

1. Yes, Hezbollah killed former Prime Minister Rafik Hariri
2. Let's just pretend it didn't happen
3. Let's also pretend that Hezbollah didn't kill Gemayel, Tueni, Kassir, Hawi, Eid, Ghanem, Eido, al Hassan, and Chatah
4. Let's pretend some more that they didn't try to kill Murr, Hamadeh, Chidiac, Shehadeh, and Harb
5. After all this pretending, let's allow the killers to be part of the cabinet with the people they tried to kill
6. Let's allow Hezbollah to decide if and when they want to stop killing their political opponents
7. Let's allow Hezbollah to decide if and when they want to disarm

Missing people-power 23 January 2014, 21:51

For more gems from Fit-Thrower, he says that the killing of Hariri by Hezbollah is, and I quote:

"an assumption I am willing to take"

See the quote in the comments section of this article:

http://www.naharnet.com/stories/en/115135-one-soldier-killed-8-wounded-in-ongoing-tripoli-clashes