CUBA: An accused al-Qaeda video cameraman abandoned his hearing in the US war crimes court at Guantánamo yesterday, setting up what could be a fast trial with no defendant and no defence.
Yemeni defendant Ali Hamza al-Bahlul had intended to act as his own attorney but the judge ruled that he lost that right when he left the courtroom under escort. Mr Bahlul said he would boycott further proceedings and return to hear his sentence after the trial ended, presumably with his conviction.
"I do not have any trust in this legal farce," he said through an Arabic-English interpreter. "Continue this illegal play in any way you wish." Mr Bahlul's military-appointed lawyer, Air Force Maj David Frakt, asked for a speedy trial and said he would honour Mr Bahlul's request to put on no defence at all.
Mr Bahlul, who was first charged in 2004, has repeatedly denounced the Guantánamo tribunals as illegitimate and declared his intent to boycott, only to show up at his next hearing to denounce them again and repeat his reasons for boycotting. But under the tribunal rules, Maj Frakt's request for a speedy trial could force the proceeding to start within 90 days, pushing the much-criticised Guantánamo tribunal into fresh uncharted territory.
"To proceed without al-Bahlul, without mounting a defence, destroys any possibility of any appearance of legitimacy and fairness," said Jennifer Turner, who is monitoring the trial for the American Civil Liberties Union.
The prosecution has the burden of proving the charges, regardless of whether defence lawyers present any evidence or arguments.
Mr Bahlul is accused of preparing al-Qaeda recruiting materials, including a video glorifying the 2000 attack that killed 17 US sailors on the warship USS Cole, preparing the video-taped will of September 11th ringleader Mohamed Atta, and operating communications gear for Osama bin Laden. He is charged with conspiring with al-Qaeda, soliciting to commit murder and providing material support for terrorism, and faces life in prison if convicted.
He returned to the courtroom yesterday to find the judge who had presided over his case for years had retired. A new one was appointed.
"You are the judge and I am the accused," Mr Bahlul cheerfully told the new judge, Air Force Col Ronald Gregory, during a discussion of his rights. "At the same time, you are my enemy. We don't really accept this kind of logic."
- (Reuters)