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German court clears Sept 11 suspect

AFP, Hamburg
A German court yesterday cleared a Moroccan student of accessory to murder in the September 11 attacks in the United States, in only the second trial worldwide of the 2001 suicide hijackings.
The accused, Abdelghani Mzoudi, was also cleared on a lesser charge of membership of a terrorist organisation by the court in
Hamburg, northern Germany.
"Mr Mzoudi you are acquitted. But this is not a reason to be jubilant," said presiding judge Maus Ruehle, after he had rejected a last-minute challenge from a lawyer represcnUngsomeofthcvicdms.
The 31-ycar-old showed no immediate reaction when the verdict washanded down.
Ruehle said the court reached its decision not "because it was con-
vinced of the innocence of the accused, but because there was not enough evidencefora conviction."
"It appears that some of the preparation of the attacks was not hidden from you. However, the opposite is also possible," he said, adding that he ruled "when in doubt, infavour ofthe accused."
When the hearing opened, the lawyer, Andreas Schulz, urged the court to make a new attempt to obtain evidence from a key witness currently in US custody despite earlier refusals by the US authorities to allow any testimony.
He claimed the US attitude was softening and that an upcoming trial in the United States of another suspect over the 2001 attacks could open the way for the evidence to be used.
Ruehle made clear his scepticism over the submission after Schulz said he could not divulge the source of some of his information, and chief prosecutor Walter Hemberger also said he was unaware of any shift in attitude by US authorities.
Mzoudi was accused of more than 3,000 counts of being an accessory to murder -- a number based on the death toll in the suicide jet strikes on US cities -- as well as membership of a terrorist organisation.
He could have faced up to 15 years in jail if convicted.
Schulz's submission centres on evidence reportedly given by Ramzi Binalshibh, who is regarded as a top al-Qaeda operative, to his US captors.
Binalshibh was part of a tight-knit Hamburg group that included Mzoudi and three of the suicide hijackers, including suspected ringleader Mohammed Atta, which prosecutors say was in fact an al-Qaeda cell.
US authorities have repeatedly rejected court requests to allow Binalshibh to testify in Germany, or at least to use his evidence.
Prosecutors claim that Mzoudi provided logistical support for the Hamburg cell, covering the tracks of its members and undergoing paramilitary training at an al-Qaeda camp in Afghanistan.
But the case has shown significant weaknesses, dogged notably by a lack of direct evidence and the refusal of US authorities to release evidence.
It led in mid-December to his surprise release, after 14 months in custody, pending the verdict.
Ruehle said at the time that Mzoudi was no longer a prime suspect as there was a "serious possibility" he had been "deliberately excluded" from planning for the attacks.