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Bin Laden driver witness called | |
(about 9 hours later) | |
Osama Bin Laden's ex-driver was stopped in Afghanistan in a car carrying two anti-aircraft rockets, a hearing at Guantanamo Bay has been told. | |
A US army major said Salim Ahmed Hamdan was not wearing uniform at the time of his arrest in November 2001. | |
Lawyers for Mr Hamdan say he was not an al-Qaeda member and should not be treated as an unlawful enemy combatant. | |
Separately, the US Supreme Court is debating the rights of Guantanamo Bay inmates to contest their detention. | |
No markings | |
At the prison at the US naval base in Cuba on Thursday, Army Major Henry Smith told the hearing that Mr Hamdan did not make any serious attempt to resist arrest. | |
He had two SA-7 anti-aircraft rockets in his vehicle, but not the launching mechanism, Maj Smith said. | |
The pre-trial hearing is meant to determine whether Mr Hamdan is an unlawful enemy combatant who can be tried in a special military court. | |
People actively involved unquestionably are in a much better position than me or you or anyone else in this room to say what Mr Hamdan was Harry Schneider Defence lawyer Supreme Court showdownDetainees' profiles | People actively involved unquestionably are in a much better position than me or you or anyone else in this room to say what Mr Hamdan was Harry Schneider Defence lawyer Supreme Court showdownDetainees' profiles |
Maj Smith, a prosecution witness, said Mr Hamdan was not wearing uniform or anything to identify him as a soldier, as required of lawful combatants under the laws of war. | |
However, under questioning from Mr Hamdan's attorney, Maj Smith also acknowledged that some Afghan troops under US command also did not wear uniforms. | |
Several other witnesses are due to be called, but defence lawyers lost a bid to call alleged 9/11 mastermind Khalid Sheikh Mohammed to testify for their client. | |
Defence lawyer Harry Schneider told reporters: "People who were actively involved unquestionably are in a much better position than me or you or anyone else in this room to say what Mr Hamdan was." | Defence lawyer Harry Schneider told reporters: "People who were actively involved unquestionably are in a much better position than me or you or anyone else in this room to say what Mr Hamdan was." |
But a military judge turned down a request, saying the defence should have applied earlier, considering the tight security measures that would be required. | |
Mr Hamdan, who has been in custody for nearly six years, is charged with conspiracy and supporting terrorism and faces up to life in prison if convicted. | |
The Yemeni has acknowledged working for al-Qaeda head Bin Laden in Afghanistan for $200 (£99) a month, but denies being part of the militant group or taking part in any attacks. | |
Supreme Court | |
The hearings at Guantanamo came as the US Supreme Court began considering whether Guantanamo Bay inmates should be able to contest their detention in US civilian courts. | The hearings at Guantanamo came as the US Supreme Court began considering whether Guantanamo Bay inmates should be able to contest their detention in US civilian courts. |
There are 305 detainees remaining at Guantanamo Bay | There are 305 detainees remaining at Guantanamo Bay |
Two cases challenge the removal by Congress of the "habeas corpus" right of detainees under the US constitution to be heard by an independent judge. | Two cases challenge the removal by Congress of the "habeas corpus" right of detainees under the US constitution to be heard by an independent judge. |
Habeas corpus is a writ which requires a person held by authorities to be brought before a court of law so the legality of the detention may be examined. | Habeas corpus is a writ which requires a person held by authorities to be brought before a court of law so the legality of the detention may be examined. |
The cases have been brought on behalf of 37 foreign nationals who remain among the 305 detainees at Guantanamo Bay. | The cases have been brought on behalf of 37 foreign nationals who remain among the 305 detainees at Guantanamo Bay. |
If the court rules in their favour, indefinite detention under military control could be declared unlawful. | If the court rules in their favour, indefinite detention under military control could be declared unlawful. |
The Supreme Court is expected to decide the case by mid-2008 - its judges have ruled against the US government in two earlier cases. | |
The government responded both times with congressional legislation curbing legal challenges to the detentions. | The government responded both times with congressional legislation curbing legal challenges to the detentions. |
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