US refuses to allow questioning of al-Qaida prisoner

THE US Justice Department is defying a court order to produce an al-Qaida prisoner for cross-examination by a man accused of the September 11 bombings.

The move could lead to charges against the accused man being dropped, and him instead being tried in a military court. The eventual outcome of this dispute could affect future cases by deciding whether terrorism defendants will have access to enemy combatants, especially those being held in secret locations overseas.

Should the courts decide a defendant's access to favourable witnesses trumps national security concerns, the US Government could bring all future terrorism proceedings before military tribunals.