Chaos and defiance at Guantanamo court

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Artist's sketch of the hearing, which only three of the five accused attended By Jonathan Beale BBC News, Guantanamo Bay

The new high security US military courtroom at Guantanamo has had its share of problems: microphones not working, mistranslations by court interpreters and a few failed video links to the outside world.

But it is nothing compared to the chaos that surrounded what was supposed to be the latest appearance of the five men accused of plotting the attacks on 11 September 2001.

None of them showed up - at least for the start. The US military judge was informed that they were boycotting the proceedings.

A row then followed between members of the prosecution, who argued that at least some should be brought to the court by "all necessary means", and members of the defence team, who argued that their clients were being harassed and should not be subjected to a "forced cell extraction".

In the end three of them did appear, though it soon became two. Mustafa al-Hawsawi asked to leave as soon as he was told that he would not be allowed to speak.

He casually waved goodbye to his co-accused while being escorted to the exit surrounded by uniformed guards. His defence lawyer - Major Jon Jackson - argued that his client had been tricked into coming with promises that he would be permitted to talk.

The fact that two of the five did not even leave their cell showed the defendants' contempt for the court

The no-show by the alleged mastermind of the 9/11 attacks - Khalid Sheikh Mohammed - was perhaps the biggest surprise.

In the past he has appeared to be the ringleader from whom the others take their cue. But even locked in his cell perhaps he was still orchestrating proceedings and trying to make a mockery of US military justice.

Only Ramzi Binalshibh - sometimes described as the 20th hijacker (one of a number who claim that title) - followed his example by staying away.

'Gag order'

The hearing was supposed to focus on questions about the mental capacity of two of the accused - Ramzi Binalshibh and Mustafa al-Hawsawi.

Neither so far has been allowed to represent themselves in court - and much to their obvious annoyance they are having to rely on the defence of US military lawyers.

Those lawyers tried to make their arguments. But whenever they went into any detail their microphones were cut off.

Relatives of some of the victims of the 9/11 attacks attended the hearing

Mr Binalshibh's defence lawyer, Commander Suzanne Lachelier, explained how her client suffered from a "delusional disorder". The court heard how he believed that camp guards were trying to pump noxious fumes into his cell.

Cdr Lachelier started to explain how sleep deprivation had affected his health - but that is about all we heard before her microphone went dead. She was discussing "classified" information and reluctantly agreed to comply with what she called the "gagging" order.

Later in the afternoon a whole session was held behind closed doors without a journalist in sight to discuss more "classified" information.

The fact that two of the five did not even leave their cell showed the defendants' contempt for the court. But that was underlined by the actions of the few who bothered to attend.

Walid Bin Attash summed it up when he playfully threw a paper plane (presumably made out of court documents) at his co-accused when the proceedings were drawing to a close.

Relatives' grief

It was in stark contrast to the response of the family members of the victims of the 9/11 attacks.

Nine - chosen by lottery - had been flown by the Pentagon to witness the latest appearance of the five accused of planning the murder of their loved ones.

While we may have seen chaos, they were witnessing the slow wheels of justice moving.

There was praise for the US military who had to guard the detainees and for the controversial legal proceedings introduced by President George W Bush.

There was also universal condemnation of President Barack Obama's decision to close down Guantanamo and to halt the trials.

Judith Reiss - who lost her son Joshua in New York's twin towers - had campaigned for Barack Obama. She described herself as an "Obama Mama".

But when it came to Guantanamo she said he had got it wrong.

And as the president's deadline for closing Guantanamo fast approaches, those voices will only get louder.