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Saturday, 8 February, 2003, 11:49 GMT

Fresh move to delay Moussaoui trial

United States prosecutors have asked a judge to halt the trial of Zacarias Moussaoui - the only man charged in connection with the 11 September attacks - until an appeals court settles national security questions.

" Under the current circumstances of this case, it would be impracticable to continue this litigation "
Prosecutors' motion

Mr Moussaoui, a 34-year-old French citizen of Moroccan origin, faces a possible death sentence for alleged involvement in the attacks on New York and Washington.

His trial in a federal court in Washington has already been delayed twice, and is currently due to begin in June.

But prosecutors asked federal Judge Leonie Brinkema - who is hearing the case - to delay it again.

The court filings did not give details.

But officials say the crucial question prosecutors want to settle before any public trial is whether Mr Moussaoui should have the right to question Ramzi Binalshibh - a suspected senior al-Qaeda member.

The indictment names Mr Binalshibh as a co-conspirator.

The government might consider his statement so sensitive that it would move the Moussaoui case to a secret military tribunal, rather than allow Mr Binalshibh's deposition to be aired at a public trial.

Sources familiar with the case say that, at a closed hearing on 31 January, Judge Brinkema ruled that Mr Moussaoui - who is representing himself - had a right to question Mr Binalshibh.

"Under the current circumstances of this case, it would be impracticable to continue this litigation until the issues [...] are resolved," the prosecutors' motion says.

Prosecutors are appealing against that ruling.

Wider significance

Robert Precht, a legal expert on terrorism, told the Associated Press news agency that the trial would be "stopped in its tracks" if the government could not keep Mr Binalshibh's statement from the public.

"If the government concludes it would jeopardise intelligence sources by going forward, and puts the case before a military tribunal, it may well be the death knell for other terrorism cases," Mr Precht added.

Mr Moussaoui has been in detention since he was arrested in summer 2001 after arousing suspicion at a flight school in Minnesota.

He is charged with helping plan the 11 September attacks and is believed by law enforcement officers to be the "20th hijacker" - prevented from carrying out his mission only because he was already under arrest.

Mr Moussaoui has denied involvement in the attacks although he has admitted to being a member of Osama bin Laden's al-Qaeda network.


Related to this story:
Judge delays Moussaoui trial (30 Sep 02 | Americas) Error gave terror suspect secret files (27 Sep 02 | Americas) Ramzi Binalshibh: al-Qaeda suspect (14 Sep 02 | South Asia) America's first accused (25 Jul 02 | Americas) Analysis: Moussaoui - deal or death penalty? (19 Jul 02 | Americas) US seeks death penalty in terror case (28 Mar 02 | Americas)


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