15 June 2001:

7th day in court Uninformed Judge meets well prepared Crown Witness

On the 7th day in court, it finally happened: The witwess of the crown, Tarek Mousli, had his first appearance. After questions about his biography, he was asked about his political development and his decision, to become a Crown Witness.. The court day ended in a hefty dispute between the Defence and the Court over the question, in what cases Mousli would have the right to refuse questions.

Crown Prosecutor Maegerle submitted a proposal about further procedures regarding the Crown Witness. The crown would not oppose critical questions by the defence, but would not accept a demolition of the witness. After a meeting, defence councilors rejected the offer, as it included special rules about cross examination and the right of the crown to have the last word on each day in court. The existing rules are the base of the cross examination.

The Court stated, that they do not have to decide about the legitimacy of the Crowns action, to make the current files accessible to Mousli, prior to Mouslis examination..

Accompanied by 4 bodyguards of the witness protection program and his lawyer, Mousli entered the court room. He stated his biography: born in Lebanon , where he spend the first 5 years, the , after the death of his father, he moved with his mother to Germany

1982 he came to Berlin, where he got into contact with the magazine "Radical", and he became a member of the staff.

He also became a member of the Karate Club "Tung Dojo", where he met among others, Axel H. and Harald G.

Together with Lothar E. and others he started 1983 a so called Radio Group, where people conducted surveillance of radio frequencies of Police and Secret Service. Financing of the group came from a "Coordination Committee".between 1984 and 1991, the group received 70.000 DM for technical equipment.

The examination was led in the beginning by the Presiding Judge Hennig. Her approach was neither sovereign nor precise. Again and again she asked the witness to report things that he had reported previously. These questions didn't demonstrate a critical thinking, but seem to be due to the circumstance, that she hadn't listened carefully. The quality of the questions also reveal, that she hadn't read the files intensly. On the other side, Mousli had been well prepared for his examination. Only when the Reporting Judge took over the questioning, the style changed.

"Up to November 23rd 1999, I never considered this", stated Mousli in court about the question, how he became a Crown Witness. Until then he was under investigation of supporting a terrorist organisation, now he was accused of ringleadership. "I was absolutely not ready to be responsible for things didn't committ.
That's why he accepted the offer of the Crown.

Although he first tried to leave a different impression, he then admitted, after several notes and protocols of telephone conversations were read to him, that he was put under pressure right from the beginning, to make certain statements.

Although he often stated that he couldn't remember, - contrary to his appearance, when he was able to report fluently -, it appears that Federal Police and Federal Crown tried everything, to bring him to heel. Court found out, that Federal Crown Prosecutor Griesbaum sent greetings in May of 1999 through the investigators and asked him to think seriously about the Crown Witness Program.

That Mousli is not very willing to talk about the circumstances how he became a crown witness, was clear at several instants of his examination. He stated for example that the deal with the BKA was confirmed in a brief talk in the hallway of the BKA on November 24th, 1999, but he refused an answer to the question about the contents of a short phonecall to his former girlfriend, briefly before the deal. " I'm not allowed to talk about this", so Mousli, this would touch areas of the witness protection program.

But why a conversation that was held before the Crown Witness's first contact to officers of the witness protection program of the BKA is covered by this secrecy, the defence didn't understand. This point led at the end of the day to a fierce dispute between Defence and Court about the admissability of the question.

The Presiding Judge followed the crown witness, this would touch areas of the witness protection program,and allowed not to answer the question.. The court will finally decide this point at its next meeting.

The court case will continue on June 21st, 9:15 with the continous examination of the Crown Witness.