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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, still do so. It is evident from his detailed confession

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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