Briton 'should be prosecuted in US'

The British man accused of trying to blow up a plane with an explosive device hidden in his shoes should be prosecuted under the United States’ new anti-terrorism law, federal prosecutors have said in court documents.

US Attorney Michael Sullivan filed a motion yesterday to combat an attempt by Richard Reid’s defence lawyers to have one of the nine counts against him thrown out.

The defence argued that planes were not vehicles of mass transportation, therefore Reid, from Brixton, could not be prosecuted for attempting to wreck a mass transportation vehicle, a charge created by Congress in the USA Patriot Act passed after the September 11 attacks.

Prosecutors argued that ‘‘the plain meaning of each term ... includes aircraft’’ and that Congress clearly intended to provide the broadest possible protection.

Defence lawyers also argued that under the new law, Reid’s alleged acts would only be a crime if he had actually succeeded in igniting the explosives.

Prosecutors countered that this interpretation would ‘‘defeat the plain intent of Congress’’ and strained ‘‘normal English usage’’.

Reid, 28, has been in custody since December 22 when he allegedly attempted to ignite the explosives in his shoes during a transatlantic flight from Paris to Miami. He was thwarted by flight crew and passengers and the jet was diverted to Boston.

He has denied nine charges that include attempting to murder the 197 passengers and crew.

The indictment said Reid received training from Osama bin Laden’s al-Qaida terrorist network in Afghanistan.