U.S. military loses records for bin Laden's driver

By Jane Sutton

Lawyers for the driver, Salim Ahmed Hamdan, asked for the records to support their argument that prolonged isolation and harassment at the Guantanamo prison have mentally impaired him and could affect his ability to aid in his defence against war crimes charges.

He said the military was still looking for the records kept at the remote U.S. naval base in southeast Cuba, which he referred to by its nickname.

Defence lawyers contend there are still records missing, including some that would show Hamdan was coerced into making some statements that could be used as evidence against him.

Hamdan, who is in his late 30s, was the prisoner whose lawsuit prompted the U.S. Supreme Court to strike down the initial Guantanamo war crimes system. The charges against him were twice dismissed and then refiled and the military hopes to begin his trial in May.

JUDGE ASKED TO DROP CHARGES

Hamdan's lawyers asked the judge on Thursday to drop the charges on grounds that their client's acts were not recognized as war crimes when committed.

A U.S. Justice Department lawyer argued that although no international law or treaty specifically listed conspiracy as a war crime, the Nuremberg war court set a precedent by prosecuting German SS members after World War Two. They were accused of membership in what had been declared a criminal organization, essentially the equivalent of conspiring with al Qaeda, said the attorney, Jordan Goldstein.

Prosecutors argue that the war began for Hamdan when he entered Afghanistan in 1996 and joined an existing al Qaeda conspiracy, but they have not accused him of plotting the September 11 attacks.