Spanish prosecutor seeks 'exemplary sentence' in closing arguments at
al-Qaida trial
By DANIEL WOOLLS Associated Press Writer
MADRID, Spain
A prosecutor Monday described the accused leader of a Spanish al-Qaida cell
as being close to Osama bin Laden, but the defendant's attorney said
prosecutors have presented nothing to back up charges he helped plot the
Sept. 11 attacks.

Both sides gave closing arguments at the trial of 24 suspected members of
al-Qaida, three of whom are accused of using Spain as a staging ground for
the suicide airliner attacks of 2001. A verdict is expected in September.

Chief prosecutor Pedro Rubira said the alleged leader of the cell,
Syrian-born Spaniard Imad Yarkas, was "closely linked to Islamic terrorism,"
in particular the cell in Hamburg, Germany, accused of carrying out the
attacks, and carried out "acts that favored" the massacre.

Rubira said Yarkas may have been far geographically from bin Laden but "the
distance in terms of persons was just one," referring to fugitive Syrian
Mustafa Setmariam, said to be a senior al-Qaida operative and also indicted
in Spain over Sept. 11.

Yarkas's attorney, Jacobo Teijelo, said Spain had presented no evidence
against his client other than wiretapped conversations with other alleged
militants and had no jurisdiction to try him anyway; and said the United
States had not even asked to question Yarkas, much less indict him.

Teijelo argued specifically that the prosecution had said nothing to explain
how Yarkas is alleged to have arranged a last-minute planning meeting in
Spain in July 2001 for two key Sept. 11 figures _ the main charge against
Yarkas.

"How did he help these two people?" Teijelo asked the court.

Earlier Rubira asked the court to issue an "exemplary sentence" against the
accused cell members and said this was the way to fight Islamic terror, not
by invading countries and setting up detention camps. His comments were a
veiled criticism of the U.S. war on terror.

"The world will be watching when you issue a sentence," he told the
three-judge panel. "Be aware that what you do not only affects Spain but
affects the whole world."

Spain is the only country other than Germany to put Sept. 11 suspects on
trial. The only person charged in the United States with involvement in the
attacks, Zacarias Moussaoui, pleaded guilty in April.

The prosecution is seeking jail terms of more than 74,000 years each for
Yarkas and two other suspects accused of using Spain as a staging ground to
help plot the Sept. 11 attacks.

Under Spanish law, the maximum time they could serve on a terrorism
conviction is 40 years. Spain has no death penalty or life imprisonment.

The 21 other suspects are accused of terrorism and other offenses but not of
planning for Sept. 11. They face sentences of nine to 21 years if convicted.

Yarkas and Driss Chebli, a Moroccan, are accused of arranging a meeting in
the Tarragona region of Spain in July 2001 at which alleged suicide pilot
Mohamed Atta and Ramzi Binalshibh, an alleged plot coordinator, allegedly
met to decide on the final details of the attack, including the date.

Both suspects have denied any involvement in Sept. 11 or al-Qaida and
testified that they did not know Atta or Binalshibh. 
050627 173958

 

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