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Tight security surrounds Khadr court appearance

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CTV Newsnet: Joy Malbon on Khadr's second day
CTV News: Joy Malbon from Guantanamo Bay, Cuba
CTV Newsnet: Joy Malbon on Khadr's appearance
Canada AM: Joy Malbon in Guantanamo Bay, Cuba

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CTV.ca News Staff

Date: Wed. Jan. 11 2006 11:23 PM ET

Under tight security that banned even a sketch-artist from the proceedings, Canadian teen Omar Khadr appeared at a Guantanamo Bay, Cuba pre-trial hearing today accused in the murder of a U.S. soldier.

CTV's Joy Malbon, reporting from the proceedings, said there was an audible gasp when Khadr entered the courtroom wearing a red, white and blue Roots T-Shirt -- a Canadian emblem.

Canadians haven't seen Khadr since he was 15, about four years ago.

"He is no longer that 15-year-old scrawny teenager from the pictures we've seen," Malbon told CTV Newsnet. "He's about six feet tall, he's a beefy 19-year-old and he's sporting a full beard, and of course that Canadian symbol. It shocked everybody to see the Roots T-shirt on this boy, now a man, we haven't seen in about four years."

The presiding judge, Marine Colonel Robert Chester, wasn't impressed with the shirt, calling it inappropriate. He ordered Khadr to dress more appropriately when he returns to court on Thursday.

Khadr was soft spoken and showed no emotion, and said little beyond requesting the addition of a Canadian lawyer to his defense team.

At the pre-trial, Muneer Ahmad, a U.S. law professor who is helping defend Khadr, requested the military provide a more experienced lawyer to defend Khadr.

The law requires that a military lawyer represent defendants, but the lawyer currently assigned to Khadr, Captain John Merriam, a U.S. army judge advocate, has no trial experience. Merriam himself asked for a more experienced lawyer on the team.

The special military tribunal opened after prosecutor Moe Davis went public Tuesday, describing Khadr -- who was just 15 when the alleged crimes occurred --as a brutal terrorist and al Qaida-trained killer.

The defense petitioned Wednesday to have those remarks retracted, on the record.

Judge Chester advised both the prosecution and the defence to tone down the rhetoric.

Canada's Foreign Affairs Department sent Sabine Nolke, a humanitarian law officer, to observe.

Khadr, a member of a Toronto family with alleged links to Osama bin Laden, was captured during a firefight in Afghanistan in 2002.

He is facing charges of murder, attempted murder, aiding the enemy and conspiracy in connection with the death of U.S. medic Christopher Speer.

He has not entered a plea on the charges.

Speer died 11 days after being injured by a hand grenade allegedly thrown by Khadr.

It will be the first time Canadians have seen Khadr since he was taken into custody in Guantanamo Bay, where he has been held for the past 39 months.

Davis said Tuesday that contrary to some sympathetic portrayals in the media, Khadr is no fresh-faced innocent.

Davis says court will be given evidence showing a smiling Khadr as he builds bombs to kill Americans. He says the teen, and others, were taught the tools of terrorism by al Qaeda.

"You'll hear about Chris Speer who was murdered by Mr. Khadr. Thanks to American medics who stepped over their dead friend, Khadr is alive today," Davis said.

Davis said the 19-year-old should be tried by a U.S. military tribunal, despite claims that the process is flawed. He defended the controversial American system and said the law needs to grow to deal with new societal threats like terrorists.

Authorities could have sought the death penalty but didn't because Khadr was a juvenile, Davis added.

Malbon said Khadr's lawyers are trying to shut down the proceedings.

"They say the presiding judge is not a real judge, there's not a real jury here, so they say that it's unfair," Malbon told Canada AM earlier Wednesday.

"They also point out that there's a huge conflict of interest because the presiding judge is a military officer. Omar Khadr is accused of killing a soldier, so they say there's a clear conflict of interest here and they want the tribunal scrapped."

Human rights

Meanwhile, human rights groups claim Khadr was tortured into making a confession.

Avi Cover, of Human Rights Watch, said Khadr has endured having pine solvent poured over him, threats of rape, and has been allowed to defecate on himself during his stint in Guantanamo Bay.

The U.S. has denied using such tactics, and points to the Khadr family tree. The U.S. says his father was a close associate of Osama bin Laden, and that he and his brothers admit having spent time at terrorist training camps.

Wednesday's hearings will be similar to an arraignment. Ottawa has said officials will observe the proceedings, but they are unable to intervene.

The Khadr family

The Khadr family has provoked intense debate in Canada. The family patriarch, Ahmed Said, believed to be a close associate of bin Laden's, was killed in a gun battle with U.S.-led coalition forces in Pakistan in October 2003.

One son, Karim, was paralyzed in the incident and returned to Canada with his mother in April 2004 to get medical treatment.

Another brother, Abdurahman, was once detained at Guantanamo but was released and went back to Canada.

Meanwhile, the extradition hearing for another brother, Abdullah Khadr has been put over until Feb. 2.

The Americans accuse the 24-year-old of conspiring to kill U.S. citizens abroad. He was arrested on Dec. 17 on a provisional arrest warrant issued by the United States.

With a report from CTV's Joy Malbon in Guantanamo Bay

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