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Wednesday, February 25, 2004
TRIBUNAL DEFENSE LAWYERS SPEAK UP - RISKING THEIR NECK AGAIN
Army Maj. Mark Bridges said he and Sundel plan a defense case that not only challenges evidence presented against al Bahlul, but attacks the foundation of the tribunal process.
"We do envision raising a lot of motions related to the rules and the procedures themselves," Bridges said in an interview.
But he doubted these motions will not get a fair hearing because the rules do not permit a truly independent review. He said the same Pentagon official who approved the charges against his client also may rule on these types of motions.
"I think military commissions provide a full and fair process," said Maj. John Smith, a lawyer and spokesman for the Pentagon's office of military tribunals.
"We have the presumption of innocence. We have the highest burden of proof in criminal court -- proof of guilt beyond a reasonable doubt. We have representation by zealous defense counsel. They have the ability to present evidence and call witnesses."
Marine Corps Maj. Michael Mori, who represents Australian Guantanamo prisoner David Hicks, echoed the criticism. Hicks, one of four Guantanamo prisoners given lawyers, has not yet been charged.
"When you use an unfair system, all you do is risk convicting the innocent and providing somebody who's truly guilty with a valid complaint to attack his conviction. It doesn't help anybody. It only helps the people who created the system to predict the outcome," Mori said.