JEDDAH/RIYADH, 2 December 2004 – The trial of the three Saudi reformists jailed since March 10 for calling for a constitutional monarchy, was sent to a lower court yesterday in Riyadh after one of the judges handling the case ruled his court was not the suitable venue.

“This is a good indication that the penalty won’t be so great,” said lawyer Essam Basrawi, who is a member of a group of lawyers who are providing legal advice to the jailed reformists.

“Hopefully, the lower court may just sentence them to a year’s imprisonment. Since they’ve already been in jail for eight months, they could be released early,” said Basrawi in an interview with Arab News.

The reformists – Ali Al-Demaini, Matruk Al-Faleh and Abdullah Al-Hamed – were arrested after calling for an independent judiciary and limits on the power of the Saudi monarchy by adopting a constitution.

A minor scuffle took place this morning outside the courthouse when eight people trying to attend the hearing were not allowed into the building by a policeman, who told them they had to wait outside for the judge’s decision on whether or not the trial would be open to the public. All were arrested and were still being held in the afternoon, though Basrawi said he thought they would be released soon. Among those arrested were reporters for the Saudi Gazette and Al-Madinah newspapers and two brothers of defendant Al-Hamed.

"We are greatly worried to hear the news of detention," said the wife of one of the journalists detained, on the condition of anonymity. She, however, was hopeful that the Saudi officials would release the newsmen soon.

A Canadian diplomat was also barred from entering the courthouse.

The reformists are now only being represented in court by Khaled Al-Mutairi, a junior lawyer, after their lead attorney Abdul Rahman Al-Lahem was arrested on Nov. 6 after he released the text of a letter the reformists had sent to Crown Prince Abdullah complaining that they weren’t getting a fair trial.

Al-Lahem had signed an undertaking not to speak to the press about the case, but continued to give interviews, telling one Saudi journalist that he didn’t accept the government’s attempt at shutting him up.

No charges have been entered against Al-Lahem, and he remains without access to his family or lawyers.

Basrawi and Bassem Alim have prepared a statement of solidarity with Al-Lahem but have not released it publicly yet as they’ve been having a hard time getting enough people to sign it.

“I’m very worried about Al-Lahem being detained as he’s a colleague and a friend,” said Basrawi. “And I’m very disappointed as hardly anyone wants to sign the statement.”

This comes after the Saudi government in September warned all government employees not to sign any petitions asking for reform or to appear on television criticizing government policy. The government said its employees had to show neutrality and loyalty to the state by refraining from public criticism. Those who defied the ban would be fired and/or imprisoned.

But the fact that the reformist’s case has been sent to a lower court is a glimmer of hope that perhaps their ordeal may soon be over.

“Their case has been moved to a small claims and misdemeanor court, which means they can only get a maximum of three years in jail,” explained Alim.

No new date has been announced for the continuation of the trial in a lower court.