German court overturns world's only 9/11 conviction - Globe and Mail

[Screaming Lord Byron]

http://www.globeandmail.com/servlet/story/RTGAM.20040304.wfree0304_3/BNStory/International/


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Karlsruhe, Germany — A German court on Thursday overturned the world's only conviction for the Sept. 11 terror attacks on the United States and ordered a retrial for a Moroccan found guilty last year of aiding the Hamburg cell of suicide hijackers.
Mounir el Motassadeq's conviction on more than 3,000 counts of accessory to murder and membership in a terrorist organization was flawed because the lower court failed to properly consider the absence of evidence from a key witness who is in U.S. custody, the Federal Criminal Court ruled.
"The case is to be sent back to another panel of judges at the Hamburg court for a new trial and decision," presiding Judge Klaus Tolksdorf said in reading the verdict. But he added: "The defendant el Motassadeq is certainly far removed from being clear of suspicion."
Mr. el Motassadeq, 29, is serving a maximum 15-year prison sentence after the Hamburg court convicted him in February 2003 of giving logistical support to the Hamburg-based al-Qaeda cell that included Sept. 11 suicide hijackers Mohamed Atta, Marwan al-Shehhi and Ziad Jarrah.
Thursday's ruling is a new setback for German prosecutors after the same Hamburg court last month acquitted Mr. el Motassadeq's friend Abdelghani Mzoudi of identical charges for lack of evidence.
After the appeal ruling, Mr. el Motassadeq's lawyers said they would ask the Hamburg court to free the electrical engineering student from custody. (He did not attend the session in the southern city of Karlsruhe.)
Mr. el Motassadeq's lawyers argued he was denied a fair trial because the United States refused to allow testimony by Ramzi Binalshibh, thought to be the Hamburg cell's key contact with al-Qaeda. Mr. Binalshibh was captured in Pakistan on the anniversary of the Sept. 11, 2001 attacks and is in U.S. custody in a secret location.

No doubt a dupe, right?

[gandalf]

1. Kind of dupe

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x398625

But this is worth repeating. It shows the kind of "evidence" that backs the official version of 9/11: Not a single valid conviction worldwide due to 9/11.

[ConcernedCanuk]

2. This puts the "commission" and Junior's election in a bit of a new light

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.
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The US sure must have some dastardly secrets, and by the way, where's Saddam in all this (wink)

anyhoo

. . more from the article:


The U.S. Justice Department has told the Hamburg court that Mr. Binalshibh is "not available." The German government also refused to turn over transcripts of his interrogations, saying they had been provided by the United States for intelligence purposes only.
Mr. el Motassadeq acknowledges knowing the hijackers but denies that he knew anything of their plans and maintains that Mr. Binalshibh could confirm his claim.

Mr. Mzoudi benefited from a statement presented by German investigators in which an unnamed source — believed by the court to be Mr. Binalshibh — said the only people in Hamburg who knew of the plot were hijackers Mr. Atta, Marwan al-Shehhi and Ziad Jarrah, as well as Mr. Binalshibh.

Though that evidence was not considered in Mr. el Motassadeq's appeal, defence lawyer Graessle-Muenscher said it would "definitely" play a role in the retrial.

Without ruling on Mr. el Motassadeq's guilt, the appeals court said the lower court erred because it failed to consider whether the lack of direct evidence from Mr. Binalshibh should have influenced its decision.

/snip/

................................................................

USA's keeping potential witnesses "unavailable" - does that mean that they may not even still be alive ?

The USA is under the world's microscope, as well as every person with Internet access and a smidgen of political concern . .

GeeDubya is in a world of trouble, all their "classified" documents, prisoners held without charges or representation, waffling on responding to it's own 911 commission - -

Kerry may not "win" the election, but there's a darn good chance that Bush will LOSE - -

I can hope can't I -? :shrug:

[ze_dscherman]

3. Dupe, but with interesting spin

The story is a dupe (see http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x398625)

Interesting fact is, like the BBC news this article merely reports "a German court", but omits the fact that it is the German Supreme Court that decided on the case.

[madrchsod]

4. an earlier report on this

it was speculated that the usa wanted him to go free. he would have to go back to morocco and the moroccan government would let the usa extradite him to the usa where he would stand trial. i guess asscrap wants him here-screw germany...

[gandalf]

5. did this report refer to Motassadeq or Mzoudi?

Because Motassadeq remains in custody for the time being, whereas Mzoudi is free now. I heard the story you mentioned referring to Mzoudi.

[papau]

7. Mounir el Motassadeq's conviction is overturned

remains in jail until after Prosecution decides on either re-trial, or appeal the latest ruling.

[gandalf]

10. yes, thanks,

I meant the speculations rchsod spoke of, not the news of today. But the speculations might apply to Motassadeq also.

[papau]

6. the ONLY conviction in 3 years - BUT BUSH SAID WE ARE GOING TO GIT'EM?

http://ap.tbo.com/ap/breaking/MGA1VSVXERD.html
German Court Overturns World's Only Sept. 11 Conviction, Orders Retrial

By Geir Moulson Associated Press Writer Published: Mar 4, 2004

KARLSRUHE, Germany (AP) - A German court Thursday overturned the world's only conviction for the Sept. 11 attacks and ordered a retrial for a Moroccan found guilty last year of aiding the Hamburg cell of suicide hijackers.
Mounir el Motassadeq's conviction on more than 3,000 counts of accessory to murder and membership in a terrorist organization was flawed because the lower court failed to properly consider the absence of evidence from a key witness who is in U.S. custody, the Federal Criminal Court ruled. The jailed 29-year-old's case returns to court in Hamburg.

[dArKeR]

8. The 'Bush Crime Family Lynch Mob' was going to get'em.

German 9-11 Conviction Overturned
http://www.cbsnews.com/stories/2002/10/22/terror/main526452.shtml

[Athame]

9. So, did they stipulate to the role of the Atta, and the others as

the hijackers? As far as I know, there has not been any evidence that these men did carry out the hijacking. But these trials and commissions continue as if that is assumed. Since we don't get any news in the mainstream media USA about these trials, does anyone know what was brought out about the alleged hijackers during the German trials?

[gandalf]

11. The judge: probably yes

I think he said something like "if we don't assume that, we (we, the court, and you, the defendant's lawyers) are not any longer in the same boat".

The defense lawyers said some things that hinted to "evil conspiracy theories".

I don't believe the court investigated the role of Atta & Co but assumed they carried out and planned the attacks. Until the head of the German intelligence service said that the attacks were planned in Afghanistan and not in Hamburg.

[ze_dscherman]

12. Sort of

The release of Mzoudi and the current court decision both base on the courts conviction that Atta and his group had remained secretive about their planning, and that the accused did not have any knowledge about the plans for 9/11.

If you search for Mzoudi, Mottasadeq or Atta at: http://www.deutschewelle.de/english, you will get English language news covering the trials, from the German public world wide broadcasting service.

[Athame]

13. Thanks for the link

I have added it to my media search files. Could not find the article where the judge assumed the guilt of the hijackers, but it would have to have been or the charges could not be brought. Still, I have seen no evidence or heard of any trial or hearing of the guilt of the hijackers. Few media sources have ever even used the word "alleged" in association with them.

[MrBenchley]

14. Yeah, but don't forget

the Glorious Leader killed thousands upon thousands of Afghani and Iraqi citizens who had nothing to do with the attacks... THAT'LL show em what a leader he is!