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    Bin Laden's driver declines to enter plea in Cuba trial


    AP, GUANTANAMO BAY NAVAL BASE, CUBA
    Thursday, Aug 26, 2004, Page 7

    Osama bin Laden's chauffeur declined to enter a plea on Tuesday at the first US military tribunal to convene since World War II in proceedings that drew the ire of the defense attorney who challenged the panel's impartiality.

    Salim Ahmed Hamdan, a 34-year-old Yemeni, declined to enter a plea until motions filed by his military-appointed lawyer are decided. A ruling is not likely until November.

    Hamdan is charged with conspiracy to commit war crimes, including attacking civilians, murder and terrorism. He isn't charged with any specific violent act.

    Hamdan has said he earned a pittance for his family as bin Laden's driver before the Sept. 11 attacks, but he has denied involvement in terrorism. US officials allege he served as the al-Qaida leader's bodyguard and delivered weapons to his operatives.

    Hamdan's defense attorney, Navy Lieutenant Commander Charlie Swift, also challenged the capacity and impartiality of four panel members -- including the presiding officer -- and one alternate.

    One member knew a firefighter killed in the Sept. 11 terror attacks. Another was in charge of moving detainees to Guantanamo. An alternate admitted in a written questionnaire he referred to Guantanamo prisoners at one point as "terrorists." A fourth armed US planes with Hellfire missiles in Afghanistan. The presiding officer, Army Colonel Peter Brownback, said he was not a bar association member.

    Brownback gave the defense lawyer until Oct. 1 to file other motions and until Oct. 15 for the prosecution to respond.

    The only member of the commission with formal legal training is Brownback, a former military judge who came out of retirement when he volunteered. Asked by Swift whether he thought the proceedings were legal, Brownback chose not to answer.

    "This presiding officer would not even be qualified to be a civilian defense counsel," Swift said.
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