THE Pentagon has dropped murder and war crimes trials charges against Mohammed al-Qahtani, the alleged 20th hijacker in the September 11 attacks on the US.
However, Pentagon spokesman Jeffrey Gordon said last night the charges against Qahtani had been dropped "without prejudice", meaning they can be reinstated against the Saudi, who is still held at Guantanamo Bay.
Susan Crawford, the convening authority for war crimes trials by special military commissions, had given no explanation in dropping the charges, Commander Gordon said. "They have been dismissed without prejudice, which means they can be reinstituted at any time."
Qahtani was one of six men charged by the military in February with murder and war crimes for their alleged roles in the 2001 attacks. Authorities say Qahtani missed out on taking part in the attacks because he was denied entry to the US by an immigration agent.
Ms Crawford, had decided todismiss the charges against Qahtani and proceed with the arraignment for the other five, said the Saudi's US military lawyer, Lieutenant Colonel Bryan Broyles.
Colonel Broyles said Ms Crawford had dismissed the charges on Saturday, but the defence only learned about it yesterday.
He could not comment on the reasons for the dismissal until discussing the case with lawyers for the other five defendants.
Officials previously said Qahtani had been subjected to a harsh interrogation authorised by former US defence secretary Donald Rumsfeld.
The five defendants include Khalid Shaikh Mohammed, the suspected mastermind of the terrorist attacks in 2001 that killed nearly 3000 people, and Ramzi Binalshibh, who is said to have been the main intermediary between the hijackers and al-Qa'ida leaders.
Prosecutors are seeking the death penalty for all of them.
Their trial is the first capital case before the military tribunals at Guantanamo, where the US holds about 270 men on suspicion of terrorism or links to al-Qa'ida and the Taliban.
The military has said it plans to prosecute about 80 prisoners in the first US military war crimes tribunals since World War II.
Critics of the tribunals have queried a rule that allows judges to decide whether to allow evidence that may have been obtained with "coercion".
US authorities have acknowledged that Khalid was subjected to waterboarding by CIA interrogators and that Qahtani was treated harshly at Guantanamo.
Qahtani in October 2006 recanted a confession he said he made after he was tortured and humiliated at Guantanamo. The alleged torture, which he detailed in a written statement, included being beaten, restrained for long periods in uncomfortable positions, threatened with dogs, exposed to loud music and freezing temperatures, and stripped nude in front of female personnel.
The US has alleged that Qahtani, whom military records show is about 28, barely missed becoming the 20th hijacker on September 11, 2001. The Saudi was denied entry into the country by immigration agents at the airport in Orlando, Florida.
At the time, he had more than $US2400 in cash and no return plane ticket, and lead hijacker Mohammed Atta was waiting for him, the military has said.
Separately yesterday, Commander Gordon said the Pentagon had not decided whether to appeal against a ruling that ousted a top legal official from a detainee case scheduled to go to trial at Guantanamo Bay.
In a ruling last week, a military judge at Guantanamo found that Brigadier General Thomas Hartmann, the legal adviser for the tribunals, lacked neutrality and should not participate in the case against a Yemeni who was a former driver for Osama bin Laden. His trial is set for June 2.
AFP
Five men out of six accused of involvement in the September 11 attacks have been referred to trial by the Guantanamo military commission. The war crimes tribunal also dropped charges against Mohammed Qahtani, who is alleged to have been the '20th hijacker', although they were dropped "without prejudice" so the Saudi Arabian can still be re-charged.

All six men are currently being held in maximum security at the United States naval base at Cuba's Guantanamo Bay. Under the 2006 Military Commissions Act those charged must be arraigned within 30 days and have their trial commenced within four months.

The men are accused of plotting the attacks, in which four passenger airliners were hijacked in US airspace. One was flown into each tower of the World Trade Center, one was flown into the Pentagon and the fourth crashed in a Pennsylvania field. Almost 3,000 people were killed. 19 hijackers were involved, with one aircraft having four hijackers compared to five on the others, triggering theories concerning a 20th hijacker. It is alleged that Qahtani missed out on this role because he was unable to get past anti-immigration measures to upon arrival in Florida, where head hijacker Mohammed Atta is said to have been waiting.

Those who are set to go to trial are alleged members of Al-Qaeda, who were found to be responsible for the attacks. They are Walid bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, Mustafa Ahmed Hawsawi and alleged 9/11 mastermind Khalid Shaikh Mohammed.

They have all been charged with conspiracy, murder in violation of the laws of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property, terrorism and material support for terrorism while all but Hawsawi are charged with hijacking aircraft as well.

Some concern has been made over alleged human rights abuses. Officials have said themselves that Qahtani was harshly treated in imprisonment and Khalid was subjected to waterboarding.

Qahtani also withdrew an earlier confession saying it was obtained from him under torture. He submitted a detailed written account describing abuse he alleges against him including beatings, being forced into uncomfortable positions for long periods, threats with dogs, exposure to music at high volume, being subjected to freezing temperatures and being forced to appear naked in front of female personnel.

The arraignments will take place at the high security Guantanamo war crimes tribunal, and will mark the first public appearances of the men since their capture. The trial will mark the first in front of a US war crimes tribunal since World War Two, and the first capital one at this tribunal as prosecutors are seeking the death penalty for all of the men.