Mohamed Abd El Ghany/Reuters
Supporters of Hosni Mubarak celebrated on Sunday outside a High Court in Cairo.
CAIRO — An Egyptian appeals court on Sunday threw out the guilty verdict and life sentence against former President Hosni Mubarak on charges that he allowed the killing of protesters. The court ordered a new trial, which would once again send the ailing autocrat rolling on a stretcher into the steel defendant’s cage in an Egyptian criminal court.
Whether this was a victory or a setback for Mr. Mubarak was confused and contested. Both the prosecution and the defense had appealed the verdict, one side seeking a stronger verdict and the other an acquittal. Lawyers for the Islamist party allied with President Mohamed Morsi argued that a new trial with new evidence could yield a death penalty.
But other Egyptians reacted to the decision with exasperated sighs, seeing a parable of the country’s fitful progress in its struggle to break free of its autocratic past.
“Oh my God, we went back to square one, back to the early days of the revolution two years ago, when people were first calling for a Mubarak trial,” said Emad Shahin, a political scientist at the American University of Cairo.
Mr. Mubarak’s unending case, he said, reflects Egypt’s unfinished revolution, in which a leader of the old Islamist opposition has come to preside uneasily over the largely still intact institutions of Mr. Mubarak’s former government, including the courts and the police.
“You are fighting Mubarak with his laws and his men,” Mr. Shahin said.
With a parliamentary election set for April, the new trial appeared certain to revive the calls for justice and revenge that once animated the uprising against Mr. Mubarak. Among Mr. Morsi’s Islamist supporters, the renewed attention to the case played into their depiction of an epic struggle between Egypt’s newly elected leaders and the vestiges of the old state.
“God’s will was for the trial to be redone under Morsi, with the availability of new evidence and new defendants,” Essam el-Erian, a senior leader of President Morsi’s Freedom and Justice Party, said in a statement.
Mr. Mubarak, 84, spent Sunday night in a military hospital, where he has been transferred repeatedly from his prison cell because of a host of reported health problems, some resulting from falls in the prison bathroom. At one point last year, the official Egyptian state news agency erroneously reported that he was “clinically dead” from a stroke. His first trial was conducted under the rule of the generals who seized power at his ouster, and have since ceded authority to Mr. Morsi.
More than 800 civilian demonstrators were killed, many of them by police and security forces, during the three weeks of mostly nonviolent protests that ended Mr. Mubarak’s rule. When the transitional government pursued charges against Mr. Mubarak and his circle, human rights lawyers faulted the prosecutors for relying on the same police force accused of killing the protesters to collect evidence against itself. And during Mr. Mubarak’s trial, many accused the prosecutors of failing to make good use of the evidence they did gather.
The guilty verdict was considered ripe for appeal from the moment it was issued, because the judge who handed it down said at the time that he had seen no evidence to back up a conviction. Instead, the judge reasoned that Mr. Mubarak and his Interior Ministry bore responsibility for the deaths of the protesters by virtue of their positions; he acquitted a half-dozen subordinate Interior Ministry officials who were charged in the same case.
Under Egyptian law, the ruling on Sunday effectively rewinds the court proceedings to the original indictment of Mr. Mubarak in 2011. When the case is assigned to a new court, the judge will have broad latitude and can send the case back to prosecutors for further investigation and new evidence, or even amend the charges.
Evidently anticipating Sunday’s ruling, Egyptian prosecutors recently had begun a new case against Mr. Mubarak, accusing him of taking payoffs from the state news organization Al Ahram in the form of $1 million in gifts over the last six years of his rule. The prosecutors issued an order on Saturday that would allow them to go on detaining Mr. Mubarak for questioning in that matter even if the court threw out his conviction in the protesters’ deaths.
