Row hits Cuba chaplain hearing
Tue 9 December, 2003 18:19
By Paul Simao
FORT BENNING, Georgia (Reuters) - A hearing for a Muslim Army chaplain once suspected of espionage but now charged with little more than mishandling classified documents at the U.S. base at Guantanamo Bay ground to a halt on Tuesday amid accusations that the military was withholding evidence, hiding witnesses and jeopardising the right to a fair trial.
Lawyers for Capt. James Yee, who was arrested in September and charged with taking government materials without proper security locks out of Guantanamo in Cuba, said normal military procedures were not being followed in the case.
"Trial by ambush. I believe that is what has happened in this case," Eugene Fidell, one of Yee's civilian defense lawyers, told reporters during an impromptu press conference at this Army base about 100 miles (160 km) southwest of Atlanta.
Fidell said the military's inability and refusal to make some evidence and witnesses available to the defense and its attempts to hold some legal discussions in private could violate Yee's constitutional right to a fair and speedy trial. (snip/...)
http://www.reuters.co.uk/newsPackageArticle.jhtml?type=worldNews&storyID=418928§ion=news
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Snips from a CNN article:
(snip) ....Fidel complained further that a review of documents Yee is accused of mishandling has not determined that they are classified.
The rest of the hearing was delayed until January 19 to give prosecutors time to review the documents and decide which ones can be introduced at the hearing.
Yee has been charged with three counts of failing to obey an order and one count each of adultery, making a false official statement and conduct unbecoming an officer. Two of the charges relate to allegations that he used a government computer to view and store pornography. (snip)
(snip)The Army's member of the defense team, Maj. Stephen Sikes, also questioned the government's conduct in the case.
"This is the most incredible case I've ever been involved with, and that's an understatement," Sikes said. (snip/)
http://www.cnn.com/2003/LAW/12/09/yee.hearing/