German prosecutors seek new trial in Sept 11 case

KARLSRUHE, Germany - German prosecutors have demanded a new trial for a Moroccan man acquitted last year of complicity in the September 11 attacks on the United States, arguing the verdict was flawed.

Prosecutor Gerhard Altvater told the Federal Supreme Court the judges' ruling that acquitted Abdelghani Mzoudi was full of mistakes, and the case should be tried again.

He was speaking at the start of a prosecution appeal against the verdict. The higher court is expected to rule on May 31.

Mzoudi was a friend of lead hijacker Mohamed Atta and other members of the Hamburg cell that led the attacks on the United States on September 11, 2001, in which nearly 3,000 people died. He has always denied any knowledge of the plot.

He was acquitted in February 2004 of complicity in the attacks and of belonging to a terrorist group. The presiding judge described him at the time as a "fringe figure" and said he was being freed because there was insufficient proof against him, not because the court was convinced of his innocence.

The case led to tensions between Germany and the United States because of Washington's refusal, on security grounds, to provide information gleaned from captured al Qaeda leaders or to let the court put questions to them. The chief federal prosecutor described US behavior as "incomprehensible."

Mzoudi's friend and fellow Moroccan Mounir El Motassadeq was convicted on the same charges in 2003 but won an appeal last year and is currently being tried for the second time.

Hamburg authorities have pledged to deport both men, even if they are ultimately found innocent, because they consider them supporters of international terror.

- REUTERS