Unexpected events before the Appellate Court of Beirut presided by Judge Bou Nassif

The Court ignores attorneys from the Netherlands and asks Dr. Mugraby to assign an "attorney"
"If you don't like it, do whatever you like"

In the presence of numerous attorneys, the Twelfth Appellate Panel of Beirut held a hearing this Wednesday morning to review the two appeals brought by Dr. Mugraby challenging the two decisions of the Disciplinary Council of the BAB. The panel consisted of judge Elias Bou Nassif as president, and judges Nassib Elia and Ahmad Ouaidat as members. Attorney Jean Selwan and Attorney Sonia Attieh representing the BAB sat with the judges as the BAB considers the first one an incumbent member, and the second one an alternate replacing attorney Majed Fayad who abstained.

Dutch attorneys Mr. Phon van den Biesen, Mr. Leo Spigt (ex-president of the Bar Association of the Netherlands) and Mr. Willem C. van Manen have agreed to represeent Dr. Mugraby by virtue of an official power of attorney. They presented a request to BAB on November 20, 2003 to have an authorization by virtue of Article 115 COLP. At the same time, the president of the Bar Association in the Netherlands addressed a letter to BAB requesting to facilitate the mission of the attorneys. As the attorneys did not receive any official response, they presented a request to the court to postpone the date of the hearing until they obtain the authorization and become able to review the file after its translation from Arabic.

The court did not issue any decision regarding the postponing request. Hence attorney van Manen came to Beirut yesterday (Tuesday) and met, during the afternoon, with attorney Salim Osta who asserted to him his approval on the request, and requested naming a Lebanese attorney to participate as cocounsel. Attorney van Manen asked for some time in order to discuss the issue with Dr. Mugraby.

Wednesday morning, attorney van Manen could not meet attorney Osta because the latter was sick, so he appeared before the Court of Appeal with a translator, on the side of Dr. Mugraby. However, there was an unexpected turn of events.

After an intense exchange between Judge Bou Nassif and Dr. Mugraby, the court considered, through its president, that the two appealed decisions are in full force not by virtue of their text or of the law, but by virtue of the internal bylaws of BAB. Judge Abou Nassif did not answer Dr. Mugraby back when he asked him: "Which internal bylaws?" The president of the court ignored the presence of the Dutch attorney as well as the request he presented with his colleagues, and asked attorney Dr. Mugraby to appoint an "attorney" to present him in the case. The hearing was postponed to December 24, 2003 i.e. Christmas Eve.

At this point, the attorney representing BAB demanded to have Dr. Mugraby tried in absentia!!

As for Judge Bou Nassif, he offered to step aside and Dr. Mugraby agreed with him, but he did not do so. Later on, Judge Bou Nassif reacted to the protest of attorney Dr. Mugraby, especially regarding the short postponement time by saying: "If you don't like it, do whatever you wish!"