Beirut port blast investigator Judge Tarek Bitar appeared on Thursday before Judge Habib Rizkallah, head of the Court of Cassation, to testify as a defendant in a “usurpation of authority” case filed against him by former Public Prosecutor at the Court of Cassation, Judge Ghassan Oueidat.

The two-and-a-half-hour hearing was held before Judge Rizkallah, who was appointed by the head of the Higher Judicial Council, Judge Souheil Abboud, to oversee the case. Bitar declined to be represented by a defense lawyer. Present at the session were Deputy Public Prosecutor Judge Mohammad Saab, representing the Public Prosecution, along with the lawyers of MP Ali Hassan Khalil and former Customs Director Badri Daher, both of whom had also filed complaints against Bitar.

A judicial source familiar with the proceedings told Asharq Al-Awsat that Bitar “answered all of Judge Rizkallah’s questions and refuted the accusations against him.” The source said Bitar argued that an investigating judge “cannot be dismissed or sued since he is part of the structure of the Judicial Council.”

According to the same source, Judge Rizkallah “allowed Bitar to leave freely and did not set a date for another session,” saying he would first review the case in full.

During the hearing, Bitar presented several rulings issued by the General Assembly of the Court of Cassation, including one dated August 23. The ruling stated that “neither the president nor the members of the Judicial Council, including the investigating judge, can be subject to lawsuits or dismissal.” The same immunity applies to the president and members of the Court of Cassation’s General Assembly.

The General Assembly emphasized in its ruling that “the Judicial Council is chaired by the head of the Higher Judicial Council and is formed by a decree of the Council of Ministers. It handles cases that affect state security and require swift decisions. The legislature therefore provided it with the necessary guarantees, and its rulings and decisions cannot be challenged.”

Bitar also presented a 1998 ruling by the General Assembly, which clarified that Articles 364 of the Code of Criminal Procedure and 123 of the Code of Civil Procedure specify which judges may be recused — those in first instance, appellate, and cassation courts — but make no reference to the Judicial Council.

“The Judicial Council is not one of the chambers of the Court of Cassation whose members can be recused,” the ruling stated.

According to Asharq Al-Awsat, the lawyers representing the private plaintiffs did not ask Bitar any questions during the session. Judge Rizkallah reportedly urged them to “submit a written list of their requests within ten days” before he takes a decision.

Meanwhile, Deputy Public Prosecutor Judge Mohammad Saab “did not make any requests and left the matter to Judge Rizkallah,” which, according to judicial observers, suggests that current Public Prosecutor Jamal Al-Hajjar is stepping back from the lawsuit previously filed by his predecessor, Ghassan Oueidat.