Sept. 11 Terror Suspect Acquitted

For now, Mzoudi is a free man and will receive financial compensation for the time spent in jail. “This is the day of a justice system, which refuses to be used blindly to combat terrorism,” Mzoudi’s defense lawer, Michael Rosenthal, said after the verdict. But Germany’s prosecutor-general said Thursday that he planned to appeal the verdict to the Federal Court of Justice.

“We’re hoping for a second round in the Mzoudi case,” Kay Nehm said, adding that he expected the verdict to serve as a wake-up call to U.S. authorities, who have so far been reluctant to release information and witness testimony the prosecution considered crucial to prove their case.

In case of an appeal, Mzoudi is likely to remain in Germany for a while, but Hamburg’s top security official said he wants him deported as soon as possible. Mzoudi has been trying to avoid deportation, fearing that Moroccan officials might extradite him to the U.S.

“There is no case more pressing than Mzoudi’s,” Dirk Nockemann, the city state’s interior minister, told AP news service after the verdict. “The man is dangerous.”

Nockemann said that officials will make a decision within a few days, adding that police would monitor the 31-year-old.

Defense lawyer Gül Pinar said she didn’t expect Nockemann to succeed with the deportation plan. “Mr. Mzoudi will be here longer than Mr. Nockemann will stay in office,” Pinar said. Nockemann, a member of a populist right-wing party, is likely to lose his job after Hamburg elects a new parliament on Feb. 29.

Acquittal for want of evidence

Mzoudi had been accused of abetting murder in more than 3,000 cases and belonging to terrorist organization al Qaeda, but judges ruled that there was not enough evidence to confirm this.

“Mr. Mzoudi, you are acquitted, but this is no reason to celebrate,” presiding Judge Klaus Rühle said to Mzoudi, who showed no emotions as the verdict was announced. He added that the acquittal was not a sign that the court had been convinced of Mzoudi’s innocence, but rather the prosecution’s failure to prove their case.

In December, the court had already freed him from jail, however, after an anonymous witness had apparently exonerated him. That witness is believed to be Ramzi Binalshibh, who allegedly organized the attacks and is now in U.S. custody.

Last-minute attempt to delay sentencing fails

Saying that not enough information about the witness’s testimony had been revealed, lawyers of relatives of Sept. 11 victims had tried to delay sentencing on Thursday, but the judges rejected this. The relatives are allowed to appear as co-plaintiffs in

Andreas Schulz, one of the lawyers, had asked the court to seek more information from the U.S. authorities, saying that they were now willing to share more information. Previous attempts to receive documents from Washington had failed, however.

Ramifications for appeal in Motassadeq trial?

Thursday’s verdict could have ramifications for the appeal of the first ever verdict related to the Sept. 11 attacks. Last February, the same Hamburg court had sentenced Mounir El Motassadeq to 15 years in prison for his role in plotting the attacks.

Germany's Federal Court of Justice is currently considering the appeal and is expected to decide whether to let it proceed on March 4.