KARLSRUHE, Germany (IslamOnline.net) - In another stinging blow to German federal prosecutors in as many weeks, the federal court of appeal in Karlsruhe quashed Thursday, March 4, the only verdict slapped against a suspect in the 9/11 attacks on the U.S. and ordered a new trial.

The court maintained that evidence against Moroccan Mounir El Motassadeq was insufficient, citing American authorities' refusal to allow key witness testimony, reported Agence France-Presse (AFP).

"The fight against terrorism cannot be a wild, unjust war," presiding judge Klaus Tolksdorf said.

"A conflict between the security interests of the executive and the rights to defense of the accused cannot be resolved to the disadvantage of the accused."

Tolksdorf stressed that no one should be judged according to his views but rather acceptable legal standards.

"A suspect can only be convicted on the standards that apply in a criminal case."

Motassadeq, a father of two, had been jailed for the maximum 15 years by a court in Hamburg last year over alleged accessory to the 9/11 attacks.

He was not present in court to hear the new ruling and is expected to remain in custody pending the new trial.

In their appeal, Motassadeq's lawyers underlined their defense had been hindered by Washington's refusal to release testimony from Ramzi bin Al-Shaiba Bin Al-Shaiba, a suspected senior Al-Qaeda operative now in U.S. custody, on the grounds of national security interests.

Judge Tolksdorf said the evidence had not been sufficient, and "Bin Al-Shaiba was central to that."

The 29-year-old Motassadeq "has a right to a new trial if the legal standards by which he was convicted were below what should be expected."

"We are announcing a verdict here that we do not expect will be greeted with complete agreement," the judge admitted.

"We are dealing with a suspect who denies the charges against him and who may be innocent."

Thursday's ruling is the second in as many months.

Agreeing to a defense request for his release from custody, presiding judge Klaus Ruehle cited "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."

The issue of the missing testimony has also stalled the prosecution in the United States of Frenchman Zacarias Moussaoui.

A federal appeals court in Virginia ruled that Moussaoui has the right to call as a witness Bin Al-Shaiba.