Osama Bin Laden’s former cook was sentenced to 14 years in prison Wednesday in the first prison term handed down by a Guantanamo Bay court since US President Barack Obama took office.
However, Ibrahim Ahmed Mahmoud al-Qosi has already agreed to a plea deal with prosecutors, the details of which remain secret, raising the possibility that he could serve a much shorter sentence, or be repatriated to Sudan.
The 10-member jury deliberated for just over an hour before handing down the sentence against the 51-year-old Qosi, who pled guilty last month to material support to terrorism.
PHOTO: AFP
The jurors were instructed to keep the sentence within a 12 to 15 year range and told that the eight-and-a-half years Qosi has spent at Guantanamo could be weighed during their deliberations, but would not count toward the final sentence.
In a second courtroom here on Wednesday, prosecutors and defense attorneys for a second detainee, Canadian Omar Khadr, finished jury selection ahead of his war crimes trial.
Seven military officers will hear evidence in the case against Khadr, who was just 15 when he was captured in Afghanistan, and is accused of throwing a grenade during a firefight that killed a US Army medic in July 2002.
His lawyers have criticized the proceedings against him as the first prosecution of a child soldier “in modern history.”
Qosi’s civilian lawyer, Paul Reichler, on Wednesday called for leniency in sentencing against his client, citing the conditions at Guantanamo.
“We are not asking you to send him home now or to declare him innocent. He pleaded guilty,” Reichler said.
Guantanamo “is not like a prison in the United States. It’s been eight-and-a-half years without hearing, without seeing, his wife, his mother, his father,” Reichler said.
The sentencing phase of the trial comes despite the plea agreement between Qosi and government lawyers. Scant details of the agreement emerged on Tuesday, when proceedings were temporarily suspended over questions about whether promises to Qosi could be kept.
The agreement reportedly stipulates that Qosi can serve out his eventual sentence in Guantanamo’s Camp 4, where inmates live communally, but prison rules require convicted detainees to be isolated from other prisoners.
Military judge Nancy Paul called the discrepancy “troubling,” and pointed out that the Pentagon official responsible for overseeing the trials was supposed to coordinate the conditions of a plea deal with prison authorities.
However, she said the failure to do so ahead of time “did not invalidate the pre-trial agreement.”
Thus far, lawyers have not raised the possibility of repatriating Qosi, who was arrested in Pakistan in December 2001.
He left his native Sudan in 1996 to join Bin Laden in Afghanistan and eventually became chef, assistant and occasional driver to the al-Qaeda leader.
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