It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Doubt cast on allegations against Omar Khadr
GUANTANAMO BAY, CUBA — Another fighter was still alive inside the Afghan compound where Omar Khadr was captured at the time a grenade killed a U.S. soldier, casting doubt on allegations that only the teenage militant could have been responsible for the soldier's death.
It has long been assumed by many that Mr. Khadr was the only combatant alive during the firefight, and so must have been the one who threw the grenade.
While the interviewed agent — whose identity and agency affiliation are still secret — says he believes Mr. Khadr threw the grenade, his account of events clearly shows that he deduced that conclusion rather than saw it first-hand.
The tribunal heard that in one official report dated July 28, 2002, the commander "Lieut. Col. W" wrote that the person who threw the grenade at Sgt. Christopher Speer had died, which would rule out Khadr as the suspect.
Yet, in a near-identical report written two months later, but also dated July 28, the commander changed a single line to read the grenade thrower did not die.
It was revealed yesterday that one of Khadr's interrogators at Bagram, identified only as Sgt. C, was court-martialled and disciplined in connection with the December 2002 beating death of a detainee.
Given that Sgt. C was one of Khadr's interrogators, "creates an overwhelming lack of confidence in the evidence that the government is going forward on," Kuebler later told reporters.
In what is being hailed a bittersweet victory, lawyers for Omar Khadr yesterday won the right to question a U.S. commander who changed a report about a firefight in Afghanistan, blaming Khadr for the murder of a soldier.
Of particular importance to the defence was the ability to question the commander about the discrepancy, as well as the identities of Khadr's interrogators following his capture at an Al Qaeda compound on July 27, 2002. Khadr was 15 when he was arrested after a firefight with U.S. Special Forces.
Particularly troubling, said Kuebler, was that the Pentagon blocked the public release of the motions filed by the defence because they contained "negative information."
The move is an attempt to "manipulate the media" because the Pentagon is "taking an absolute beating," said Kuebler.
His lawyers have asked Canada's top court to order Ottawa to hand over uncensored transcripts and videotapes of the Canadian interrogations of Khadr in 2003 at the base.
The unanimous ruling ordered the federal government to hand over documents pertaining to those 2003 interrogations by agents with the Canadian Security Intelligence Service and Foreign Affairs Department, since Canada participated in a process that was contrary to international law.
“Our hope at this point is that the Canadian government will read this decision and recognize what everyone else knows, that the system in Guantanamo Bay is contrary to international law, that Omar’s rights have been seriously violated,” Khadr’s Canadian lawyer Nathan Whitling told reporters here today.
Canadian Omar Khadr was told by a military judge Thursday at the U.S. naval base at Guantanamo Bay, Cuba, that his trial on war crimes charges will begin on Oct. 8.
Prosecutors have been refusing defence requests for the documents, saying they contained sensitive information.
"The defence says [Khadr's] confession [at Bagram] was extracted under torture," Gillespie said, "and the judge told the prosecution you have 10 days to hand over those documents."
Lt.-Cmdr. Bill Kuebler told the hearing that the photograph shows Khadr buried under the rubble of a collapsed building at the time the grenade that killed Sgt. Christopher Speer was thrown, proving he could not have thrown it.
Defense lawyers also want to call as witnesses other U.S. soldiers who told investigators that U.S. forces were also throwing grenades at the time, suggesting Speer might have been killed by friendly fire.