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Abdelghani Mzoudi could not believe he was released (AFP)
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HAMBURG,
Germany, December 12 (IslamOnline.net & News Agencies) - In a
dramatic legal twist, a German court ordered Thursday, December 11,
the immediate release from custody of a Moroccan facing trial over the
September 11 attacks and said he was no longer a key suspect.
Presiding
judge Klaus Ruehle said there seemed a "strong possibility"
that the accused, Abdelghani Mzoudi, was unaware of plotting for the
attacks, reported Agence France-Presse (AFP).
Agreeing
to a defense request for Mzoudi's release from custody, the judge
stated: "There is the serious possibility that Mzoudi, despite
his involvement and his visit to Afghanistan, was deliberately
excluded from planning for the attacks and did not consciously provide
a supportive role."
Ruehle
said Mzoudi, a 31-year-old Moroccan, was "no longer a prime
suspect" after hearing of fresh evidence that could exonerate
him.
The
charges against Mzoudi were not lifted, meaning the trial goes on, but
for the first time he was able to walk out of the top-security court
in Hamburg, northern Germany, after the case was adjourned until
December 18.
He
is only the second suspect anywhere in the world to stand trial over
the 2001 suicide hijackings.
Mzoudi
appeared initially baffled by the development, only breaking into a
smile when his lawyer Guel Pinar slapped him on the shoulder,
according to AFP.
"It's
what we have always said, friendship alone is not suspicious,"
Pinar said afterwards.
Mzoudi
telephoned his mother in Morocco after the ruling. "His mother
just wept for half an hour," Pinar added.
The
development, which took the prosecution and defense by surprise, could
also benefit Mounir El Motassadeq, the only man convicted over the
attacks.
He
was jailed earlier this year for a maximum 15 years on identical
charges to Mzoudi of accessory to the murder of more than 3,000 people
and membership of “a terrorist organization”.
Motassadeq's
lawyer Gerhard Strate said he would submit a legal application for his
client's "immediate" release.
The
development came after Germany's federal criminal office (BKA)
reported a claim by a source, widely understood to be suspected senior
al-Qaeda operative Ramzi Binalshibh, that Mzoudi was not involved in
the plot.
The
source reportedly claimed that only four people in an al-Qaeda cell in
Hamburg, Germany's main port, knew of the plans - three of the suicide
hijackers and Binalshibh himself, also known as Ramzi bin al-Shaiba.
Binalshibh
is currently in U.S. custody.
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“Mzoudi is no longer a prime suspect," Ruehle (AFP) |
The
BKA warned that the source had provided conflicting information in the
past and that al-Qaeda recruits were schooled in how to confuse
interrogators and provide misleading information.
The
next hearing on December 18 will take evidence from a BKA official,
the judge said. A verdict could be reached before Christmas.
"We
would like to know how this statement came about and whether it is all
the BKA knows," he said.
U.S.
justice authorities have refused repeated requests to allow
Binalshibh's reported admissions to be used in Mzoudi's trial,
although German intelligence services were apparently given details.
In
its letter to the court, the BKA said the source identified the four
in Hamburg involved in the plot as Mohammed Atta, who was the alleged
ringleader, fellow hijackers Marwan al-Shahhi and Ziad Jarrah, and
Binalshibh.
The
four at no time spoke with anyone else "about actual operations
or the formation of a terrorist group."
Federal
prosecutor Walter Hemberger said the claim may be a
"cover-up" by Binalshibh to exonerate his alleged
accomplices.
Prosecutors
claim Mzoudi handled money transfers for the plotters, arranged
accommodation and helped hide the whereabouts of Atta and Shehhi when
they were on flight training in the United States.
Ruehle
reminded Mzoudi that despite his release from custody, he was still
obliged to attend every hearing.