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29 April 2011 / Roger Smith
Issue: 7463 / Categories: Opinion , Legal aid focus , Human rights
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Trials & tribulations

Roger Smith reflects on detainees, masterly performances & Daily Mail fulmination

America’s star 9/11 detainee will, after all, be tried by a military commission. The Obama administration’s original plan to use civilian courts has been defeated. Attorney General Eric Hodder’s final capitulation was forced by Congress restrictions on the use of military funds to bring Khalid Sheikh Mohammed (KSM) from Guantanamo to the US.

The trial of KSM, wherever held, poses difficulties. On the one hand, he has confessed to involvement in just about every major terrorist event involving Al Qaeda since the mid-1990s. This included the boast that “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl” and that he was responsible for 31 specific operations led by the “9/11 operation from A to Z”. The problem is, the US owns up to treatment everyone else would call torture since his arrest in 2003: its agents waterboarded him no less than 183 times.

KSM indicated three years ago that he would plead guilty. He may, indeed,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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