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Four Hussein Witnesses Say They Were Paid

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Times Staff Writer

The trial of Saddam Hussein reached a moment of high drama Monday when the judge read statements from four defense witnesses recanting their previous testimony and swearing that the former Iraqi leader’s defense team had bribed them to lie in court.

Khalil Dulaimi, one of the lead defense attorneys, paid hundreds of dollars and promised lifelong salaries to the witnesses in exchange for false statements favorable to the defense, the statements say.

During clandestine meetings in Syria and Hussein’s hometown of Tikrit, Dulaimi and others conspired with the witnesses, telling them what to say in court, according to the statements.

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None of the four witnesses were named or appeared in court. The defense quickly countercharged that they had been intimidated by the judge and prosecution to change their testimony.

Hussein and seven co-defendants are accused of crimes against humanity in connection with a crackdown on the Shiite Muslim town of Dujayl after a 1982 assassination attempt there on then-President Hussein. The defendants are accused of participating in the torture and killing of 148 villagers.

In recent weeks, the defense team has questioned the integrity of chief prosecutor Jaafar Mousawi, charging that he appeared in Dujayl two years ago at an anniversary celebration marking the attempt on Hussein’s life. That strategy appeared to backfire Monday amid the new and explosive testimony.

“I was promised that they will secure a job for me in Syria and that if I would not give my testimony, they would kill my family,” the first witness said in the statement. The statement says Dulaimi told the witness to testify in court that he had seen Mousawi in Dujayl and that the prosecutor had tried to bribe him. The witness also said he was given $500 and told he wouldn’t be committing perjury because the tribunal had no authority.

The second witness said his son had been kidnapped. He recounted that members of the defense team told him: “You have three days to decide whether to testify or not. Otherwise, we’ll kill your youngest son.”

Among other things, he was asked to say he had seen Mousawi in Dujayl at the 2004 celebration. “They then made a rehearsal of that testimony so I would not forget it,” the witness said in the statement.

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The third witness said the defense team had rented an apartment for him in Syria and that he was visited there by Dulaimi. The witness alleged that the defense lawyer gave him money and promised a meeting with Hussein and the former leader’s wife. The witness also said he was promised a way out of Iraq and a lifelong salary if he would place Mousawi at the assassination anniversary.

“They told us we had to say inside the court that this man is Mousawi,” he said.

The witness also said in his statement that Dulaimi had given him a list of names of 21 Dujayl victims and told him to testify in court that they were still alive.

The fourth witness said he had met Dulaimi in Syria and was given $500. He was given room and board and told not to return to Baghdad until it was time to testify, he said. He too said he was given a list of victims’ names and told to say they were alive, adding, “I don’t know for sure that they are still living.”

Hussein looked despondent during the reading, resting his chin in his hands. Dulaimi protested afterward, “We didn’t reach out to anybody.”

Hussein then stood up and argued that the changed testimony was taking place in “an atmosphere of threats.”

Chief Judge Raouf Rasheed Abdel Rahman said the statements proved that the witnesses had given false testimony earlier.

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They had previously said Mousawi tried to bribe them to testify against Hussein. The defense had also provided a photograph allegedly showing the prosecutor at the Dujayl event. However, Mousawi later brought a double to court who testified that he, not the prosecutor, had attended the festivities.

The judge had ordered the arrest of several witnesses after they gave contradictory testimony late last month. The witnesses were held for four days while the court investigated.

The new allegations were not the only surprises Monday. An American attorney appeared in court for the defense, criticizing the proceedings.

“As I’m sure any experienced judge will know, it is highly improper for anyone other than the defense lawyers to speak to the defense witnesses,” said Curtis Doebbler, responding to the court’s investigation of the witnesses. “We find it quite unfortunate that anybody is speaking with them, even if they are authorized by the court, when it is not in open court.”

The attorney is one of two Americans on the defense team; former U.S. Atty. Gen. Ramsey Clark is the other. Doebbler is an international human rights lawyer, author and visiting law professor at An Najah National University in the West Bank city of Nablus.

Doebbler questioned the fairness and legitimacy of the trial.

“Please remember, your honor, the prosecution has had two years and more than $200 million to prepare their case,” he said. “We have almost no resources, and you gave us less than one day after the charges were made to prepare the defense.”

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Lawyers have been assaulted and witnesses intimidated, Doebbler said. In addition, the defense hasn’t had access to essential court records, including transcripts of proceedings and witness testimonies, and cannot call more witnesses, he said. Inside the courtroom, defense attorneys are often not allowed to argue their case, he added.

On Monday, Judge Rahman got into an argument with defendant Barzan Ibrahim Hasan, Hussein’s half brother, after Hasan said one of his bodyguards had been afraid to testify.

Rahman ordered guards to escort Hasan out of the courtroom.

The trial continues today.

Times staff writers Suhail Ahmad, Saif Rasheed and Shamil Aziz contributed to this report.

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