Lebanon’s Beirut port blast investigation is entering a potentially decisive phase, with investigating Judge Tarek Bitar expected to revisit the status of senior politicians, security officials, military commanders and judges he previously questioned as suspects but against whom he has yet to take final judicial measures, a judicial source told Asharq Al-Awsat.

The development comes after Prosecutor General at the Court of Cassation Judge Mohammad Saab completed the Public Prosecution’s submission on the merits of the case, which is due to be handed to Bitar on Tuesday.

Bitar will review the prosecution’s position before deciding on the next steps, including whether to adopt its requests or depart from them based on the evidence and findings of his investigation, the source said.

The most consequential step could be the summoning of political, security, military and judicial figures whom Bitar previously questioned but left without final decisions.

“The case is expected to reach a major judicial milestone with the summoning of all politicians, security officials, military commanders and judges whom Bitar previously questioned but against whom he did not take final decisions,” the source said.

The measures could vary depending on the circumstances of each individual and the evidence against them, ranging from arrest warrants issued in their presence to release on their own recognizance or allowing them to remain at liberty, the source said.

Bitar has previously questioned former Prime Minister Hassan Diab, former Interior Minister Nohad Machnouk, former General Security chief Maj. Gen. Abbas Ibrahim, former State Security chief Maj. Gen. Tony Saliba and former Army Commander Gen. Jean Kahwaji, along with senior military officers, judges and administrative officials.

They were left under investigation. Bitar, however, issued arrest warrants in the presence of former ministers Ali Hassan Khalil and Youssef Fenianos, while former minister Ghazi Zeaiter refused to appear before him.

The prospect of new judicial measures against figures from Lebanon’s political and security establishment could mark one of the most sensitive stages of the investigation, which has been repeatedly stalled by legal challenges and political disputes since the Aug. 4, 2020 explosion.

Bitar to Review Public Prosecution Position

Saab spent months reviewing Bitar’s years-long investigation, examining its evidence, documents and judicial requests before preparing the submission that represents the position of the Public Prosecution at the Court of Cassation.

The submission is expected to help resolve a long-running dispute between Bitar and the prosecution, which had hindered the investigation before Judge Jamal Hajjar took over as prosecutor general and relaunched the process. Hajjar tasked Saab with preparing the submission, while the current prosecutor general, Judge Ahmad Rami al-Hajj, later renewed his confidence in Saab and asked him to continue reviewing the file.

The judicial source said Bitar would not be bound by the prosecution’s requests.

“He will review the substance of the submission and may adopt the Public Prosecution’s requests or set them aside, depending on what he considers consistent with the facts and evidence established by the investigation,” the source said.

If Saab’s submission includes charges against new individuals or recommends hearing additional witnesses, Bitar would have to schedule sessions to question the defendants or hear the witnesses before moving toward an indictment.

The source rejected reports that Bitar could issue the indictment within a week or two, saying the investigating judge is not subject to a fixed deadline.

But Bitar is determined to complete the indictment before the end of the year, the source said, with 2027 potentially marking the start of trials before the Judicial Council.

Around 70 Defendants

The eventual indictment is expected to determine the legal responsibility of about 70 defendants, with possible findings ranging from dolus eventualis, or indirect intent to kill, to negligence, dereliction of duty and breaches of official responsibilities.

It could also clear some defendants of prosecution if investigators conclude that there is insufficient evidence to support charges against them.

The indictment is expected to detail the journey of the ammonium nitrate shipment from Georgia to Beirut in 2013, the circumstances surrounding its unloading at the port and the authorities responsible for storing and protecting it in Warehouse 12 for seven years before the material exploded on Aug. 4, 2020.

It is also expected to address the cause of the blast, based on the investigation and technical reports, including whether it resulted from an accident or negligence, a deliberate security operation or an Israeli airstrike.

But before that indictment is issued, the immediate focus is likely to be on the senior officials already questioned by Bitar and whether the evidence and the Public Prosecution’s position will now lead to definitive judicial measures against them.