Judge bars top official from post-trial review for Khadr

The judge, Army Col. Patrick J. Parrish, said Air Force Brig Gen. Thomas Hartmann has "created the appearance that he will be unable to remain neutral and impartial" in Omar Khadr's post-trial process because of his "extremely active approach" as legal adviser.

Hartmann supervises the chief prosecutor at Guantanamo and has extensive powers over the tribunal system. The ruling, released Thursday, means he will be prohibited from providing any legal input in a review on Khadr's case by the convening authority for military commissions, Susan Crawford.

But Parrish also found that Khadr's defence team failed to prove their main arguments that Hartmann unlawfully interfered in the 21-year-old suspect's case at the U.S. base in Cuba.

"There is no evidence that B.G. Hartmann improperly influenced any action by any prosecutor in the processing of the accused's case," Parrish wrote in the ruling.

Khadr's military lawyer, Navy Lt. Cmdr. William Kuebler, who had filed a motion to dismiss charges against his client based on allegations that Hartmann applied excessive interference in the prosecution of cases at Guantanamo, criticized Parrish's "token relief."

"This is a fine example of the military commission process at work," Kuebler said in a Thursday statement. "The judge issues a ruling appearing to give the defence a victory, but the practical effect is to let an officer whom even the judge recognizes as biased continue to be involved in the case until the government gets its coveted conviction."

Khadr is accused of hurling the grenade that killed a Special Forces commando during a July 2002 firefight at an al-Qaida compound in Afghanistan. His trial is scheduled for October.

On Thursday evening, Air Force Maj. Gail Crawford, a spokeswoman for the Pentagon office overseeing the tribunals, said it would be inappropriate to comment on the possible impact of Parrish's ruling.

"We cannot speculate on the impact, except to the extent we carry out the judge's order," Crawford said in an e-mail. "Brig.-Gen. Hartmann remains focused on doing his job as the legal adviser ... and he will continue to do it to the best of his abilities."

Hartmann has been the focus of repeated criticism within the tribunal system.

A judge in America's first war-crimes trial since the Second World War disqualified Hartmann from participating in that case because he aligned himself too closely with prosecutors. The defendant, Salim Hamdan, a former driver for Osama bin Laden, was convicted and sentenced to 5½ years in prison.

Among those who have challenged Hartmann's involvement in the preparation of charges are lawyers for five men accused in the Sept. 11 attacks. And last month, Army Brig.-Gen. Gregory Zanetti, the second-in-command at the U.S. prison, accused Hartmann in testimony of bullying subordinates and trying to rush forward with trials.