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U.S. tribunal rejects gag order in Khadr case
 
Beth Gorham
Canadian Press

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The defence table in the courtroom where U.S. military commissions are held at Guantanamo Bay Naval Base, Cuba.
CREDIT: Herald Archive, Associated Press
The defence table in the courtroom where U.S. military commissions are held at Guantanamo Bay Naval Base, Cuba.

GUANTANAMO BAY, Cuba -- A U.S. military tribunal refused Thursday to clamp down on prosecutors after complaints they've tried Canadian teenager Omar Khadr in public and ruined his chances for a fair trial.

Khadr, 19, sat quietly and mostly watched a video monitor during a debate about inflammatory remarks from both camps this week as his murder case began. He exchanged his Roots attire for a more conservative checked dress shirt for his second day at the tribunal's pre-trial hearings after the presiding officer complained he was dressed too casually Wednesday.

Khadr's civilian lawyer, Muneer Ahmad, demanded a retraction and gag order on Col. Moe Davis, who heads prosecutors at the U.S. military commissions created for suspected terrorists held at the prison camp on the U.S. naval base in Cuba.

Davis called Khadr a murderer and a terrorist who smiled while he learned to make bombs to kill Americans at an al-Qaida training camp.

But presiding officer Col. Robert Chester noted Ahmad made some "negative characterizations" of his own at the same news conference, where he called the tribunal process a sham and repeated allegations Khadr has been tortured.

And while Davis's comments were "potentially harmful and "extended beyond that normally heard from a military prosecutor," Chester said they didn't break ethics rules or serve to deny Khadr a full and fair trial.

At a late news conference, Davis said he had no choice but to break his silence on the case after constant pummelling from critics.

"For a number of months, we've sat on the sidelines. We've just kind of taken it.

"There comes a time when you don't take it anymore."

Ahmad, meanwhile, said he still has "serious reservations" about the impact on Khadr's trial, adding he's looking forward to a "more robust" legal team.

Chester, whose role is similar to a judge, said Khadr should soon have the U.S. military lawyer he requested, California litigator Lt.-Col. Colby Vokey.

Vokey will lead the team to represent Khadr during his trial on a murder charge and other counts stemming from a July 2002 firefight in Afghanistan that killed a U.S. medic.

"(He's) a very experienced trial lawyer whom I hold in very high regard," said Chester.

Khadr, who will next appear at the tribunal March 27, has also requested a Canadian lawyer - a person he'll choose in consultation with Vokey.

Chester said he didn't know whether a Canadian would be allowed formal standing before the tribunal. To be accepted, they have to also hold U.S. citizenship and meet other criteria.

Foreigners who can't fully participate may still act as assistants or consultants.

"That may not be the ideal alternative," said Chester, who noted Ahmad has expressed concerns in news interviews about

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