Retrial of Mubarak collapses as judge withdraws from case against former Egyptian president for Tahrir Square attacks

• Judge Mostafa Hassan cites 'unease' at reviewing the case
• Hassan previously let off 25 Mubarak loyalists for attack on protesters
• Former Egyptian president seen in public for first time since last June
  

By Helen Lawson for the Daily Mail

Published: 06:20 EDT, 13 April 2013 | Updated: 07:10 EDT, 13 April 2013

The retrial of ousted Egyptian president Hosni Mubarak collapsed today as the judge in charge withdrew from the case and referred it to another court.

Mubarak, wearing gold aviator sunglasses was wheeled into a Cairo courtroom today for his retrial for alleged complicity in the killing of demonstrators during the 2011 revolt.

Relatives of the dead protesters chanted: 'The people demand the execution of Mubarak!' as Judge Mostafa Hassan announced his decision, saying he felt 'unease' at reviewing the case.

Former Egyptian president Hosni Mubarak waved from his spot in court during his retrial hearing today

Mubarak was seen being loaded into an ambulance on his way to a Cairo court today

The former Egyptian president was taken from Maadi Military Hospital to court via helicopter today

Hassan previously acquitted 25 top former Mubarak era officials on charges of orchestrating violence when pro-democracy activists were attacked by thugs riding on camels in Cairo's central Tahrir Square during the 18-day revolt.

'We ask for the harshest possible sentence on Mubarak due to the cruel crimes he committed against the protesters, but we are happy with the judge's decision to withdraw as we had worries about him given his ruling (on) the camel attack case,' said Mohamed Abdel Wahab, a lawyer for the victims.

Mubarak, 84, who ruled Egypt for almost 30 years before being toppled by 18 days of Arab Spring pro-democracy unrest, waved and smiled to supporters from the defendants' cage in the courtroom before the brief hearing began.

He was flown by helicopter from a military hospital where he has been detained to the police academy used as a courthouse, and wheeled from an ambulance into the building lying on a hospital trolley wearing a white tracksuit.

His two sons Alaa and Gamal and his former interior minister Habib el-Adly, currently held in prison for separate cases, were also in the courtroom cage.

Mubarak had not been seen in public since his initial conviction in June 2012.

Unconfirmed reports have emerged several times in the past year suggesting that he was on the brink of death.

Mubarak's retrial was granted by an appeals court that overturned his life sentence in January, citing shoddy procedures.

He has remained in custody since, spending some time in a prison hospital before being transferred to a military one.

Mubarak was taken to court in Cairo from the Maadi Military Hospital

A helicopter ambulance flew 84-year-old Mubarak to court from the military hospital where he is being treated

If convicted again, the life sentence passed against Mubarak and el-Adly would be upheld. They could also have their sentence reduced or even be acquitted.

It is considered unlikely that they would draw a heavier sentence, like the death penalty,

Also standing trial are six police generals. Five face the same charges as Mubarak while the sixth is accused of gross negligence. All six were acquitted in the first trial, but are being tried again.

The presiding judge of that first trial said the prosecution's case lacked concrete evidence and failed to prove the protesters were killed by the police, indirectly giving credence to the testimony of top Mubarak-era officials that 'foreigners' were behind the slayings between January 25 and February 1, 2011.