Morsi refuses trial, doesn't recognize court, son tells AA

It will be Morsi's first court appearance since his July 3 ouster by the military following massive and well-coordinated protests against his presidency.

The son of ousted Egyptian President Mohamed Morsi blasted an announcement by a Cairo court setting November 4 as the deposed leader's court date, saying his father had refused to stand trial and did not recognize the court's legitimacy.

"The president refuses this trial and does not recognize it or the investigations," Morsi's son Osama told Anadolu Agency on Wednesday.

"And we [Morsi's family] don't recognize a court that violates [democratic] legitimacy and investigations based on the violation of the constitution and law," he added.

A judicial source has told AA that Morsi's trial would begin next month. The ousted leader faces charges – which supporters say are politically motivated – of killing protesters outside the Ittihadiya presidential palace late last year.

It will be Morsi's first court appearance since his July 3 ouster by the military following massive and well-coordinated protests against his presidency.

Osama said that his family was unconcerned about reports of the upcoming trial, which he described as "invalid."

"In terms of its form, the trial is legally and constitutionally flawed," he asserted. "And in terms of substance, I don't recognize the trial or its basis."

A member of Morsi's defense team told AA that Morsi's referral to court was "unconstitutional."

"All the charges are fabricated and lack evidence; they have no legal or constitutional basis," the lawyer, requesting anonymity, said. "President Morsi is still the country's legitimate leader."

"The coup's July 3 statement didn't explicitly refer to any declaration about him stepping down, resigning or being toppled," the lawyer added, referring to the declaration issued by Defense Minister Abdel-Fattah al-Sisi following Morsi's ouster more than three months ago.

"Even the constitutional declaration issued by interim President Adly Mansour did not feature any article regarding the legal status of the legitimate president," he asserted.

"Therefore, Dr. Morsi is still the legitimate president. He cannot be tried except through constitutional and legal procedures, such as being charged by parliament, according to the [suspended] 2012 constitution," he said.

The lawyer said the deposed leader's legal team would consider its next move in light of Morsi's rejection of the court. "We also don't want to give legitimacy to coup-backed [legal] procedures," he added.

Mustafa Azab, spokesman for Morsi's defense, said the team was unlikely to send any representatives to the trial. "We don't acknowledge the charges against him since he is still the legitimate president," Azab told AA.

"Morsi has not been removed from power. He has not stepped down or resigned, so he cannot be charged," he said.

Morsi, Egypt's first democratically elected president, has not been seen in public since his ouster and subsequent arrest more than three months ago. His whereabouts remain unknown.

Also standing trial on November 4 will be senior Muslim Brotherhood leaders Mohamed al-Beltagi and Essam al-Arian, the latter of whom will be tried in absentia.

Former Morsi presidential aides Asaad Sheikha, Ahmed Abdel-Aati and Ayman Abdel-Raouf, meanwhile, all face similar charges of "incitement to murder."

Prosecutors allege that the defendants had incited the killing of ten people during last year's clashes outside Cairo's Ittihadiya presidential palace.

The ousted president faces several other charges as well, all of which his supporters say are politically motivated.

Morsi is further accused of "conspiring" with Gaza-based resistance faction Hamas with the aim of carrying out "hostile acts" inside Egypt.

Morsi faces additional charges of helping prisoners – including himself – break out of jail during Egypt's 2011 revolution, sabotaging public property and abducting security personnel.