AFFIDAVIT-READY ENGLISH TRANSLATION
The full account of the death of the eminent lawyer Najib Khalaf
during his trial before the Mixed Court of Appeal
One of the most painful incidents I witnessed in my judicial career was the death of the late lawyer Najib Khalaf. He was being prosecuted before the Mixed Criminal Court of Appeal on charges of contempt of court, and I was the translator of that court.
The sentence for which he was prosecuted appeared in a memorandum he submitted in the “sand and gravel” case before the Beirut Civil Court of Appeal, presided over by the late senior judge Wajih Khoury, in response to a preparatory decision issued in that case.
Khalaf feared the consequences of that wording, especially since his opponent was lawyer Sheikh Bechara El-Khoury, who had by then become President of the Republic.
The sentence — which I still remember because I translated it into French at the request of the Judicial Inspection Authority — read:
“This equality which neither of the two parties to the case has felt to exist between himself and his opponent.”
The Inspection considered that the sentence contained contempt for the judiciary and decided to refer its author, the late lawyer Najib Khalaf, for prosecution. The Mixed Criminal Court of Appeal was competent to hear such cases.
The hearing took place in 1944, as I recall. When the defendant was called, he appeared carrying a large file under his arm and had not appointed a lawyer to defend him, despite offers from colleagues which he had declined.
During the first case, I noticed that he looked pale and tense, nervously turning the pages of his file.
When his case was reached, the presiding judge asked the clerk to take his personal details. He refused to give full identity information and merely said:
“Najib Khalaf — lawyer.”
I intervened and obtained a few extra words, which the judge accepted, and the trial proceeded.
On the president’s instruction, I conveyed to him the content of the indictment, after which he stood and delivered a long, brilliant speech — eloquent, patriotic, and moving — as if it were a farewell address. He wondered how, in an independent Lebanon, he could still be tried before a mixed court and receive an indictment written in French.
He recalled an incident after 1918 involving the Administrative Council of Mount Lebanon, during which he had volunteered to defend the accused before a special French military tribunal, insisting on pleading in Arabic — which the court eventually accepted, resorting to an interpreter.
I acknowledge the debt owed to the late Najib Khalaf for his defense of two of my relatives in that case. Yet on this day, my duty was to translate faithfully his words and the questions of the court.
After translating his pleading, the president asked me to inquire whether he had received the indictment in Arabic. At that moment, he sat down and leaned over his file. We thought he was looking for the document — but he did not move again. His nephew, lawyer Adel Khalaf, lifted his head… and we realized that he had passed away. His face was white like wax.
May God have mercy on him — he was a master of the Arabic language, steadfast in defending what he believed to be right.
(The text then continues with a series of judicial anecdotes, courtroom incidents involving lawyers in Baalbek, Zahleh, Tyre, Sidon and the Metn, illustrating issues of ethics, professional conduct, public perception of judges, and the delicate responsibilities of judicial work.)
(From Arabic to English)
Title
The Final Pleading of Advocate Najeeb Khalaf
(as recounted in a judicial memoir)
Declarative Translation
I translate and set forth the following faithfully and accurately from the original Arabic text.
Prefatory Statement
The text presents a judicial memoir reflecting on justice, judicial integrity, and notable figures in the Lebanese legal system. It is written in formal literary Arabic and recounts specific courtroom events, including the final appearance and death of the advocate Najeeb Khalaf.
On the Character of the Judge
The author describes Judge Gabriel Kanjouh as a man whose words did not rely on ornamentation, arrogance, or display. His speech was restrained, calm, and precise, and its authority arose not from force but from truth. He was not deceived by appearances or whispers, nor did he bend to wealth or status.
He was inwardly a judge in wisdom and outwardly a citizen devoted to his country. His love for Lebanon was expressed through restraint, fairness, and devotion to justice rather than rhetoric.
Purpose of the Writing
The author expresses hope that these recollections serve as a guiding light for a renewed journey in legal writing, combining literature with law. He notes that such writings provide instruction through example, anecdote, and lived experience, offering both pleasure to readers and guidance to seekers of justice.
The Death of Advocate Najeeb Khalaf
One of the most painful events in the author’s judicial career was the death of the advocate Najeeb Khalaf.
At the time of his death:
- Khalaf was appearing before the Mixed Court of Appeal
- The author was serving as the court translator
- Khalaf was facing proceedings related to contempt of court
The author recalls that Khalaf had delivered an oral statement before the court, which was later incorporated into a written pleading submitted to the Beirut Civil Court of Appeal, presided over by Judge Bishara Al-Khoury.
The statement contained a phrase interpreted as an affront to the judiciary, prompting referral for trial.
Courtroom Proceedings
On the day of the hearing:
- Khalaf appeared visibly ill, pale, and exhausted
- When asked to identify himself formally, he replied simply, “Najeeb Khalaf”
- Despite his condition, the court proceeded
Khalaf then delivered a long defense in classical Arabic. The author describes this pleading as:
- Exceptionally eloquent
- A lesson in legal rhetoric
- Worthy of preservation as a historical record
Shortly after completing his statement, Khalaf collapsed and died in the courtroom.
Reflections on Khalaf
The author prays for mercy upon Khalaf, describing him as:
- Unyielding in defense of what he believed was right
- Fiercely devoted to the Arabic language
- A man who accepted personal cost in defense of principle
Additional Judicial Anecdotes
The text continues with recollections of courtroom life, including:
- Exchanges between judges and advocates
- Instances of excessive emotion by litigants or counsel
- Judicial interventions to preserve decorum
- Illustrations of ethical restraint and moral responsibility
These anecdotes are offered as lessons rather than accusations.
Judicial Ethics and Conduct
The author reflects on the importance of:
- Judicial restraint
- Emotional discipline
- Avoidance of conduct that could be misinterpreted as bias
He notes that complaints against judges were sometimes filed abusively and emphasizes that true justice requires patience, independence, and moral courage.
Closing Reflection
The text concludes with reflections on judicial independence and the dangers of politicizing justice. The author emphasizes that justice is found not only in judgments rendered, but in the integrity of the process by which they are reached.
Translator’s Declaration (Template)
I declare under penalty of perjury that the foregoing is a true and accurate English translation of the original Arabic document titled “Najeeb Khalaf – Last Pleading,” to the best of my knowledge and ability.
Executed on _____________
At _____________________
[Name of Translator]
Arabic–English Translator