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Page last updated at 03:12 GMT, Saturday, 17 May 2008 04:12 UK

Bin Laden driver's trial delayed

File pic of Guantanamo detainee Salim Ahmed Hamdan
Mr Hamdan's trial was due to be the first of Guantanamo's tribunals

A military judge has postponed the trial of Osama Bin Laden's former driver, Salim Ahmed Hamdan, to allow a Supreme Court ruling to be made.

Navy Captain Keith Allred postponed what was to be Guantanamo Bay's first war crimes tribunal until 21 July.

He said the Supreme Court should first rule on the rights of inmates to contest their detention, to see if that ruling affects Mr Hamdan's case.

The Supreme Court is expected to rule by 30 June.

The ruling is the latest delay for the US government which is trying to prosecute Mr Hamdan, a Yemeni, for helping the al-Qaeda chief avoid capture in Afghanistan following the 11 September 2001 attacks on the US.

On Tuesday, the Pentagon dropped charges against a Saudi citizen, Mohammad al-Qahtani, alleged to have been the "20th hijacker" in the attacks.

But it said the case against the other five defendants Guantanamo Bay inmates charged with murder and war crimes would proceed.

Six years in custody

Mr Hamdan's lawyers had requested a postponement of the trial's scheduled 2 June start date, insisting his client was not an al-Qaeda member and should not be treated as an unlawful enemy combatant.

A guard tower at Guantanamo Bay US Naval Base in Cuba, 13 May, 2008
Some 305 detainees remain imprisoned at Guantanamo Bay

Mr Hamdan, who has been in custody for nearly six years, is charged with conspiracy and supporting terrorism and faces life in prison if convicted.

He has acknowledged working for Bin Laden in Afghanistan for $200 (£99) a month, but denies being part of the militant group or taking part in any attacks.

Two cases at the Supreme Court challenge the removal by Congress of the "habeas corpus" right of detainees under the US constitution to be heard by an independent judge.

Habeas corpus is a writ which requires a person held by authorities to be brought before a court of law so the legality of the detention may be examined.

The cases have been brought on behalf of 37 foreign nationals who remain among the 305 detainees held at the US Naval Base in Guantanamo Bay, Cuba.

If the court rules in their favour, indefinite detention under military control could be declared unlawful.

About 3,000 people were killed in the 11 September attacks when three hijacked planes targeted New York's World Trade Centre buildings and the Pentagon in Washington while a fourth crashed in Pennsylvania.


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