Hosni Mubarak is still president of Egypt as he never signed a resignation letter, his lawyer asserted in court on Sunday as he began wrapping up the defence case in the trial of the ousted strongman.
"Mubarak did not write a letter of resignation," Farid al-Deeb told the court.
"The document was signed by Omar Suleiman," Egypt's former spy chief who was appointed by Mubarak as vice president during a popular uprising last year demanding that the veteran leader quit.
As a result, Deeb said, the Cairo criminal court is not competent to try Mubarak, who should be referred to a "special tribunal."
Mubarak stepped down on February 11 last year, pushed out of power after an 18-day revolt against his regime.
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He has been on trial since August charged over the deaths of hundreds of protesters killed during the uprising. Being tried with him are his former interior minister and six ex-security officials.
The prosecution wants Mubarak to hang for the killings.
Mubarak is also facing charges of corruption along with his sons Gamal and Alaa in a separate trial in the same court.
The defence began on Tuesday a five-day challenge and is due to wrap up the case concerning Mubarak and his sons later on Sunday.
The trial will continue with defence teams for ex-interior minister Habib al-Adly and the six security officials arguing their cases. The last hearing is set for February 16.
The court is then expected to recess for deliberation after which the judge will set a date for the verdict.