statism watch

Michelle Shephard, The Toronto Star
January 19, 2009

GUANTANAMO BAY — Omar Khadr’s military hearing resumed amid questions as to whether the charges against the Canadian captive have been withdrawn and if the military judge was still legally mandated to hear his case.

After less than an hour of arguments Monday morning, Army Col. Patrick Parrish called a recess to consider how the case should proceed.

If Parrish rules that the charges against Khadr have indeed been withdrawn, it would be the fourth time since the Toronto-born prisoner was captured in 2002 that his war crimes charges have been thrown out. Khadr has been charged with five war crimes, including murder for the death of U.S. Delta Force soldier Christopher Speer

The confusion about Khadr’s hearing began last week when lawyers were told that a top Pentagon official had secretly withdrawn the charges against Khadr and the other prisoners the Pentagon is prosecuting. The charges were then reinstated last week.

Khadr’s lawyers argued Monday that Khadr must now be arraigned once again and dozens of pre-trial motions must be argued once more. Prosecutors countered that the legal measure was taken only because the members of the potential jury pool had retired and this action was needed to detail new military members.

“New members should be substantiated for the old, and nothing more,” prosecutor Marine Maj. Jeff Groharing told Parrish.

Khadr, now 22, smiled to court observers and his lawyers during the short morning proceedings. He did not appear to be following the legal arguments but instead had his head bowed reading National Geographic magazines.

Down the hill from the makeshift hearing room where Khadr appeared, the case against the five prisoners charged with plotting the 9/11 attacks had a hearing in a separate court. They also sought clarification as to whether the charges had been withdrawn.

Monday’s hearings came one day before U.S.-president elect Barack Obama takes office and it’s widely anticipated that he will issue an executive order halting these proceedings by the end of the week.

Source | See Also: Khadr trial date up in air after ’secret’ refiling of charges: defence lawyer | Khadr, interred in rubble, couldn’t have thrown grenade in firefight: Evidence | Stop ignoring Omar Khadr case: Opposition MPs to PM | Bid to dismiss Omar Khadr’s charges fails | CSIS faces review in Khadr case | Low Level Driver Convicted Of Terror Charges While Bin Laden’s Senior Body Guard Was Let Go | Protesters push for Omar Khadr’s release | ‘You don’t care about me,’ Omar Khadr sobs in interview tapes | Canada’s top court orders partial access to Khadr transcripts | Canada losing moral standing over treatment of Omar Khadr: Dallaire | Khadr Defence chips away at military prosecution

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