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1. As predicted, tho suspects @STLebanon are #Hezbollah operatives, & both Hezb & Syria had motive, STL says "No evidence that #Hezbollah leadership had an involvement in Mr Hariri's murder and there is no direct evidence of Syrian involvement in it"
2. The @STLebanon prosecution limited itself to the specific actions of these four defendants only. With the trail held in absentia, here was no one directly involved to question re motive and direction from higher ups
3. The obvious flaw in the conclusion that #Hezbollah leadership was not involved is that Moustapha Basreddine was himself a senior Hezbollah official and was directly involved in the Hariri murder. We won’t hear about him bc he was dropped from the case after dying in Syria
4. The prosecution built impressive but highly circumstantial case vs remaining 4 defendants. Expect any "logical" conclusion, like use of cellphone near Hariri over months & sudden disposal of phone after his death, as falling below legal threshold of "beyond reasonable doubt"
5. STL trial chamber: Evidence of size of suicide attack is that it targeted not only Hariri, but to kill many more people too, to terrorize more broadly, and to destabilize Lebanon
6. STL trial chamber concludes the suicide bomber set off the bomb and was therefore a member of the conspiracy, but cannot prove who bought the truck, loaded it with RDX explosives, though Ayyash was in Tripoli the day the truck was purchased there
7. STL: Network's hierarchical & compartmented structure suggests conspiracy was run on a need to know basis, so not all conspirators necessarily knew of ultimate goal of attack. Could have surveilled Hariri not knowing he was to be killed (so they surveilled him why, exactly?)
8. Nature of considering even strong circumstantial evidence is poking holes in argument that it can only be interpreted as pointing to guilt. Trial chamber therefore exploring other possible explanations. BLUF: "No direct evidence, one way or the other, what actually occurred."
9. Evidence tying Ayyash to explosion is Red Network, closed network of assassination team shut down after attack but used extensively the day of the attack. Trial chamber agrees that only reasonable conclusion is Red mobiles tracked Hariri & alerted others 4 execution of attack
10. Ayyash "must have been a core member of the conspiracy"-overall, by virtue of their activities & preceding surveillance, Red Team was in fact an assassination team conspirators & participants-all played critical role in carrying out the attack of murder w/explosive in public
11. Ayyash's cellphone Red 741 makes it "inconceivable" its using did not know what the operation was about. This is the only available inference from the evidence. Red 741 user coordinated key parts of the attack. Only Red 741 had contact with every other Red mobile
12. Trial chamber is therefore "convinced beyond a reasonable doubt" of Ayyash's involvement in the Hariri murder conspiracy
13. Highly probably that those who organized Hariri assassination would only have continued on that path if he continued on political path away from Syria, after cost benefit analysis of such an action
14. Intended attack could have been aborted at any time, & those responsible were prepared to go forward or call it off. Bombing decision would not have been taken lightly. Highly likely decision to give go ahead came only after Feb 2 2005 meeting & call 4 Syria to leave Lebanon
15. Hariri told Syrian FM Moualem that Syria could not rule Lebanon forever. Lebanese were calling 4 full implementation of Taif Agreement. Trial chamber: final decision for attack came only in final 2 weeks before his death
16. Ayyash "must have known" operation's aim for some time before the attack. Available evidence can't say if Ayyash did anything re false claim or preparation of truck bomb. But it need not do so to determine his criminal responsibility. Find he was member of conspiracy
17. This is the only inference reasonably available from the totality of the evidence." Ayyash possessed requisite knowledge that explosive would cause such danger, and his knowledge & intent to murder Hariri. He is guilty beyond reasonable doubt of murder of Hariri & 21 more
18. Re Oneissi & Sabra...on Purple, personal cells...near areas where false claim activities took place, stopped use shortly b4 attack. But insufficient conduct to prove their liability under the law beyond reasonable doubt
19. Even if Oneissi & Sabra called media after attack, STL cannot prove they knew about the attack in advance of bombing, which is critical for criminal liability under Lebanese code. Trial chamber finds their liability as accomplices has not been proven beyond reasonable doubt
20. Mehri is charged w/coordinating false claim conspiracy, but this is based on Oneissi & Sabra's role therein. Tied to his Purple & Green phones. But no clear evidence connects his calls & Badreddine's Green calls on key days. Do not have call content. Cannot find him guilty
21. re Mustapha Badreddine & conspiracy, he is no longer an accused person. Cannot find he was main conspirator beyond reasonable doubt, need to know what was happening when each call was made but cannot prove Badreddine was at peak of terrorist conspiracy bc no call content.
22. Ayyash convicted on multiple counts re intentional & premeditated homicide. Mehir, Oneissi & Sabra found not guilty of all charges.
23. There are several dissensions written by judges, none affect the verdicts which are unanimous
24. A 149 page summary judgement is being handed out. No live transcript available today, but will be available in English in 24 hours, Arabic in 48 hours, French later this month.
25. Parties to submit to sentencing submissions next month, no word limit, if necessary a brief hearing will be heard after reading submissions in September. Order annulling arrest warrants for those acquitted will be issued today.
