http://www.nytimes.com/2003/12/12/international/europe/12HAMB.html?ex=1071810000&?en=97fc831fef117394&?ei=5062&?partner=GOOGLEBERLIN, Dec. 11 — The United States' refusal to allow testimony from a jailed Qaeda figure prompted a Hamburg judge on Thursday to order the release of a Moroccan accused of aiding the Sept. 11 hijackers.
The judge acted after reviewing new evidence that Ramzi bin al- Shibh, a member of the Hamburg Qaeda cell that planned and executed the World Trade Center attacks, told American interrogators that only he and the three suicide pilots from the Hamburg cell knew about the attacks before they happened. The judge said that while he had strong doubts about the reliability of the evidence, he could not properly evaluate it without testimony from Mr. bin al-Shibh.
The trial of Zacarias Moussaoui, the only person charged in an American court in connection with the attacks, has also been thrown into doubt by the government's refusal to make captured Qaeda operatives available for questioning.
The new evidence will force a quick decision about the fate of another Moroccan, Mounir el- Motassadeq, who is the only person anywhere to have been convicted in connection with the attacks. That trial was also dogged by concerns that the American government had not been forthcoming with intelligence relevant to the case.
The man who was freed today, Abdelghani Mzoudi, 31, is charged with acting as an accessory in the deaths of more than 3,000 people on Sept. 11.
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