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Last Updated: Friday, 25 April, 2003, 00:02 GMT 01:02 UK
Moussaoui gets 'secret report'
Zacarias Moussaoui
Mr Moussaoui faces the death penalty if convicted

A US judge has ruled terrorism suspect Zacarias Moussaoui is entitled to see a top-secret US Government document in a dispute over access to another al-Qaeda suspect.

The issue may determine whether his trial, which has been postponed indefinitely, goes ahead.

Mr Moussaoui, a French citizen of Moroccan origin, is the only person charged in the US over the 11 September attacks on New York and Washington.

Mr Moussaoui wants to question Ramzi Binalshibh, who is currently in US custody suspected of masterminding the attacks, as he believes Mr Binalshibh has information that could prove his innocence.

But Mr Moussaoui, who is defending himself, is not allowed access to classified information.

The document submitted by the prosecution on Thursday - which is classified and as such was not forwarded to Mr Moussaoui - was provided as an alternative to Mr Moussaoui getting direct access to Mr Binalshibh.

The judge in the case, Leonie Brinkema, ruled in January that Mr Binalshibh, who is being detained at a secret location overseas, could be questioned through closed-circuit video transmission.

Prosecutors appealed that ruling.

They were to provide an alternative solution in the document submitted on Thursday, so Mr Moussaoui is given enough information on the case to be able to prepare for his trial.

Mr Moussaoui and his lawyers have until 1 May to respond to the government's proposal, and a closed hearing is scheduled on May 7.

Judge Brinkema must rule on the proposed substitution by mid-May.

'Worrying secrecy'

Earlier this month, Ms Brinkema said she was disturbed by the "shroud of secrecy" which was being drawn around the case of Mr 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.

The authorities have indicated the hearings could be moved to a military tribunal where greater secrecy is allowed.

Mr Moussaoui faces the death penalty for the 11 September 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.

He was already in custody at the time of the attacks, having been arrested in the summer of 2001.




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