CAIRO: The Cairo Criminal Court ordered Thursday the release of Alaa and Gamal Mubarak, sons of ousted President Hosni Mubarak, from detention pending their retrial on embezzlement of state funds. Attorney General Hisham Barakat said “the General Prosecution will not appeal today’s ruling,” Youm7 reported.
In May, the duo was sentenced to four years each after being found guilty of aiding their father in embezzling 125 million EGP ($17.7 million), originally allocated to develop communications centers at the presidency, but the funds were used for the construction of family-owned assets.
They were also charged with forging official documents and willfully damaging public property.
Mubarak received a three-year prison sentence in the same case.
On Jan. 13, 2015, the Court of Cassation accepted the appeal presented by the duo’s defense lawyers, overturned the conviction and ordered a retrial.
The defense lawyers said the defendants should be released as they have already served the maximum detention period in the case.
According to Egypt’s criminal proceedings law, a detention period before a trial is regarded as time served in jail and must be deducted from the sentence given to the defendant. The maximum pretrial detention period is 18 months, after which defendants should be set free unless they are detained on other charges.
In June 2013, an Egyptian court ordered their release in the case of “stock market manipulation” also over spending the maximum time in preventive detention.
Mubarak and his two sons were taken into custody in April 2011; the two sons have been jailed since then while Mubarak was released in August 2013 and was put on house arrest in al-Maadi military hospital.
In November, the Cairo Criminal Court dropped the case against Mubarak over complicity in the killing of protesters during the January 25 Revolution, and acquitted his former interior minister Habib al-Adly.