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| Version 2 | Version 3 |
|---|---|
| Guantanamo Canadian case dropped | Guantanamo Canadian case dropped |
| (about 2 hours later) | |
| A US military judge has dropped charges against a Canadian held at Guantanamo Bay, saying he could not be tried under new laws governing military tribunals. | A US military judge has dropped charges against a Canadian held at Guantanamo Bay, saying he could not be tried under new laws governing military tribunals. |
| Omar Khadr was just 15 years old when he was captured in Afghanistan. | Omar Khadr was just 15 years old when he was captured in Afghanistan. |
| He appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. | He appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. |
| But the judge ruled he could not be tried under current laws because he was not classified as an "unlawful" enemy combatant in previous hearings. | But the judge ruled he could not be tried under current laws because he was not classified as an "unlawful" enemy combatant in previous hearings. |
| The charges were dismissed "without prejudice", said Col Peter Brownback, the presiding judge. | The charges were dismissed "without prejudice", said Col Peter Brownback, the presiding judge. |
| His decision deals a big blow to the trial system, says the BBC's Justin Webb, in Washington. | |
| Tribunal issue | Tribunal issue |
| Mr Khadr had been classified as an "enemy combatant" under a previous tribunal system that was eventually thrown out in 2006 by the US Supreme Court. | Mr Khadr had been classified as an "enemy combatant" under a previous tribunal system that was eventually thrown out in 2006 by the US Supreme Court. |
| We don't need any more evidence that it's a failure This system should just stop Col Dwight SullivanMilitary lawyer class="" href="/1/hi/world/americas/5134328.stm">Q&A: Military tribunals But under new legislation approved by President George W Bush, only detainees classified as "unlawful enemy combatants" can face trial at Guantanamo Bay. | |
| The defendant appeared in court on Monday wearing a prison uniform, light sandals and a straggly beard, reports said. | The defendant appeared in court on Monday wearing a prison uniform, light sandals and a straggly beard, reports said. |
| He is accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. | He is accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. |
| The judge left open the possibility that Mr Khadr could be re-charged if he appeared before an official review panel and was formally classified as an "unlawful" enemy combatant. | The judge left open the possibility that Mr Khadr could be re-charged if he appeared before an official review panel and was formally classified as an "unlawful" enemy combatant. |
| He said prosecutors could lodge an appeal within 72 hours, although it was not immediately clear who they could appeal to. | |
| The word "unlawful" has not been used in any of the other pending cases, so it looks as though the whole tribunal system will once again come to a juddering halt, our correspondent says. | |
| Marine Col Dwight Sullivan, chief defence lawyer for the Guantanamo Bay trials, agreed that the latest verdict cast doubt on the entire system. | |
| "We don't need any more evidence that it's a failure. This system should just stop," he told the Reuters news agency. |