German Court Clears Student of Plotting With 9/11 Terrorists

A Moroccan man walked free from a German court yesterday after a judge cleared him of helping a terrorist cell plan the September 11 suicide attacks.

The judge passed his verdict despite a last-minute effort to present fresh information by lawyers acting for the victims' families. It is seen as an embarrassing blow to American efforts to bring those involved in plotting the attacks to justice.

Abdelghani Mzoudi, an engineering student, was acquitted of aiding and abetting the murders of several thousand people and of being a member of a terrorist organisation, al-Qaida's Hamburg cell.

"You are acquitted. That may be cause for relief for you, but not rejoicing," the judge, Klaus Ruehle, said. Mr Mzoudi showed little reaction.

Describing him as a "fringe figure", the judge told the 31-year-old Moroccan he was freeing him not because the court was convinced of his innocence but because there was insufficient proof against him.

Earlier, the prosecution had claimed that Mr Mzoudi had provided money and logistical support to three of the hijackers who carried out the September 11 attacks, including the alleged ringleader, Mohammed Atta.

He had also visited one of Osama bin Laden's training camps in Afghanistan, the court in Hamburg was told, and signed Atta's will.

Mr Mzoudi admitted to being good friends with the Hamburg-based suicide pilots but insisted that he had no idea of their plans.

His acquittal in only the world's second 9/11 terrorist trial is a serious blow to Germany's intelligence service, which had cooperated closely with American investigators, despite the two countries' public differences over Iraq.

Last night, German prosecutors said they would appeal in the country's federal court.

"We are convinced that the defendant is a member of a terrorist organisation and is an accessory to murder," said Walter Hemberger, the lead prosecutor.

However, Mr Mzoudi's lawyer, Michael Rosenthal, declared: "It's a great day for justice."

Yesterday's verdict came despite a last-ditch application from Andreas Schulz, a lawyer for relatives of victims of the attacks. Mr Schulz said he had new information - apparently incriminating Mr Mzoudi - from the US justice department, but he was not "authorised to tell the court" what it was.

In December last year the court freed Mr Mzoudi on bail after receiving fresh evidence from Ramzi bin al-Shibh, the alleged 9/11 mastermind who was arrested in Pakistan in 2002 and is now in US custody.

He is believed to have told his interrogators that Mr Mzoudi was not in on the plot and that the attacks in New York and Washington were the work of three members of the Hamburg cell acting alone - Mohammed Atta, Marwan al-Shehi and Ziad Jarrah.

So far, American officials have refused to allow the interrogation transcripts to be used in court.

Rejecting Mr Schulz's appeal, Judge Ruehle said yesterday that the US authorities had been following the trial closely and would have got in touch if they had any new evidence.

Yesterday's acquittal is also good news for Mounir el-Motassadeq, another Moroccan convicted on similar charges a year ago by the same Hamburg court, and who is now serving 15 years in jail.

His appeal began last week. Motassadeq's defence team have protested vociferously that during the trial they were unfairly refused access to evidence from Bin al-Shibh which appeared to confirm their client's innocence.

Motassadeq's conviction now appears to be in grave doubt.

Yesterday's verdict was originally expected in December but was repeatedly delayed by fresh, and increasingly strange, twists in the case.

Last week the prosecution produced a new "star" witness, a former Iranian spy, in a last-ditch effort to strengthen its faltering case against Mr Mzoudi. The plan backfired when Germany's intelligence agency, the BKA, admitted that the ex-agent lacked credibility.

Despite walking free from court yesterday, Mr Mzoudi's problems are not over yet.

He is now believed to be seeking asylum through the German courts to prevent him from being sent back to Morocco, where he is at risk of being arrested again by US authorities and sent to Guantanamo Bay.