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Last Updated: Saturday, 5 April, 2003, 05:16 GMT 06:16 UK
Secrecy 'threatens Moussaoui trial'
Zacarias Moussaoui
Mr Moussaoui faces the death penalty if convicted

The case against an alleged conspirator in the 11 September attacks may fail because so much information is being classified, a US judge has warned.

US District Judge Leonie Brinkema issued written comments saying she was disturbed by the "shroud of secrecy" being drawn around the case of Zacarias Moussaoui.

She said that so many of the case's documents had been classified as secret that she agreed with Mr Moussaoui's scepticism about whether he could receive a fair trial in open court.

Mr Moussaoui, a French citizen of Moroccan origin, faces a possible death sentence if convicted of aiding the 2001 attacks on New York and Washington.

He remains the only person charged in the United States for the attacks which killed more than 3,000 people when passenger planes were deliberately crashed into buildings.

He has admitted being a member of Osama Bin Laden's al-Qaeda network which is blamed for the attacks, but denies any involvement in the hijackings.

Courtroom ban

Ms Brinkema wrote she was "disturbed by the extent to which the United States' intelligence officials have classified the pleadings, orders and memorandum opinions in this case; and further agrees with the defendant's scepticism of the government's ability to prosecute this case in open court in light of the shroud of secrecy under which it seeks to proceed".

Mr Moussaoui is defending himself, but is not allowed to attend hearings where classified information is discussed.

Correspondents say Judge Brinkema's comments could increase pressure on the government to move Mr Moussaoui's case out of civilian court and into a military tribunal, where greater secrecy would be allowed.

Separately, Judge Brinkema said Mr Moussaoui should be allowed to speak to his mother in France for 90 minutes this month instead of the usual 45 minutes.

A communications breakdown meant he did not speak to Aicha al-Wafi during March.




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