Khadr trial delayed after lawyer collapses
Last Updated: Friday, August 13, 2010 | 10:40 PM ET
CBC News
Related
External Links
(Note: CBC does not endorse and is not responsible for the content of external sites - links will open in new window)
Omar Khadr, left, listens to opening statements at his trial. The numbers indicate members of the military commission jury, who are not allowed to be sketched. This sketch was reviewed by the U.S. military. (Janet Hamlin/Pool/CBC) The Guantanamo Bay military trial of Omar Khadr will be delayed for 30 days after Khadr's lawyer collapsed in court and must be airlifted to a medical facility in the United States.
Lt.-Col. Jon Jackson will be sent to the Walter Reed Army Medical Center in Washington, D.C., after he collapsed during testimony Thursday at his Toronto-born client's military commission in Cuba. Jackson, who had gall bladder surgery six weeks ago, collapsed after delivering opening remarks.
At a hearing on Friday, the military judge overseeing the trial called for the trial to be delayed by at least 30 days while Jackson convalesces. While not sequestered in a formal sense, the judge gave the seven-person jury instructions to not read about the case or discuss it between themselves for the duration of the hiatus.
Jackson was cross-examining the U.S. soldier who shot Khadr, then 15, in a firefight in Afghanistan in 2002 when he collapsed. He was taken away by ambulance for treatment at a base hospital.
He is scheduled to be airlifted to Walter Reed some time on Friday or Saturday. Proceedings at the trial were immediately recessed and on Friday morning the judge decided for the formal hiatus.
"Col. Jackson came over to the desk as if to say something and turned around, fell on his knee and then collapsed on the floor," Khadr's Canadian legal adviser Denis Edney said.
After Khadr dismissed the rest of his military defence team in July, Jackson became his sole remaining advocate at the trial.
"[We] can't have the trial go on without Lt.-Col. Jackson so it will all depend on when Lt.-Col. Jackson is medically cleared to come back into that courtroom," the commission's deputy chief defence counsel Bryan Broyles said.
Nathan Whitling, a member of Khadr's Canadian defence team, agreed with that assessment. "If, for some reason, John cannot continue there would be a real problem … someone would need at least a year or two to get up to speed on this," he said. "I'm not his doctor but I suspect the stress of the whole situation contributed to this."
As for Khadr himself, "[Jackson's] health is his main concern, as it is with all of us right now," Whitling said.
Defence case presented
The dramatic developments came near the end of a day in which both the defence and prosecution laid out the broad strokes of their cases.
Jackson said in the morning session that his client didn't kill a U.S. soldier and there is no forensic evidence to prove he did.
"Omar Khadr did not kill Sgt. Speer," Jackson said, referring to Sgt. 1st Class Christopher Speer, who died after a grenade exploded during the firefight.
Khadr, 23, is accused of throwing the deadly grenade, and is being tried on five charges, including murder in violation of the laws of war.
Jackson argued that Khadr did not throw the grenade and was at the scene of the firefight only because his father, Ahmed Khadr, told him to be there.
"He was there because Ahmed Khadr hated his enemies more than he loved his son."
Khadr only confessed to the crime because he was terrified of his interrogators and was "threatened with rape and murder" during his interrogation, Jackson said.
The prosecution painted a starkly different picture of Khadr in its opening statement, saying Khadr confessed freely to his alleged crimes and was "a terrorist trained by al-Qaeda."
The prosecution also showed a video that it alleged shows Khadr planting improvised explosive devices.
In wrapping up, the prosecution urged the jury to convict Khadr on all charges. Guilty votes from five of the seven members of the military jury are needed for a conviction.
The first prosecution witness, identified only as Col. W., described the day in July 2002 when coalition forces responded to a tip of a militant cell operating from a compound in Khost, Afghanistan.
Following a fierce aerial bombardment, the colonel said special forces went in to try to clear the area. That's when Speer was killed by a grenade that landed at his feet.
"I held his hand for a minute," Col. W. said. "I noticed his eyes were not focused. He was mumbling incoherently. I tried talking to him, tell him things were OK, ask him to hold on."
Speer's widow, who was in court for the trial, was tearful while his death was described.
Khadr 'mumbling' from wounds
Col. W. also described seeing Khadr in the rubble, alongside three dead militants.
"He was mumbling," Col. W. said, describing two gaping wounds in Khadr's upper chest.
The colonel acknowledged that he later changed his initial notes of the incident to refer to a wounded Khadr — a memo in which he had first written that Khadr had been killed.
Khadr looked on impassively during the proceedings. He was dressed in a jacket and tie and appeared with his hair cut and beard trimmed.
Khadr's defenders maintain he was captured as a child soldier and should therefore be given special protection under international law.
Khadr was 15 when he was captured. He is the first person in more than 60 years to face a military tribunal for crimes allegedly committed as a minor.
Amnesty International issued a statement Thursday condemning the trial, referring to "procedures that fail to meet international fair trial standards."
A UN envoy warned Tuesday that Khadr's trial could set a precedent jeopardizing the status of child soldiers around the world. "Child soldiers must be treated primarily as victims," said Radhika Coomaraswamy, special representative of the Secretary General for Children and Armed Conflict.
On Wednesday, a jury of seven U.S. military officers — four men and three women whose identities will be shielded — was seated. Eight other potential jurors were excused after prosecution and defence challenges.
Corrections and Clarifications
- A previous version of the story incorrectly reported that Lt.-Col. Jon Jackson has already been airlifted to the United States for treatment. In fact, he is due to be airlifted either Friday or Saturday. Aug. 13, 2010 | 10:15 a.m. ET
Share Tools
Top News Headlines
- Ottawa wins appeal to block RCMP union
- Ontario's Court of Appeal has overturned a 2009 ruling that said it was unconstitutional to prevent members of the RCMP from forming a labour association. more »
- 2,000 jobs cut as GM to close Oshawa plant
- The Canadian Auto Workers union says General Motors is going ahead with plans to close its consolidated plant in Oshawa, Ont. more »
- Diamond Jubilee: Your photos of royal encounters
- The CBC Community team asked you to submit your best photos of the Queen's visits to Canada, or visits by any member of the Royal Family. The result was tremendous! more »
- Helicopter crash reported near Terrace B.C. with 3 aboard
- Search and rescue crews have been dispatched to an area west of Terrace, B.C., after a helicopter crashed with three people aboard. more »
Latest World News Headlines
- Gaza border clash kills Palestinian militant, Israeli soldier
- A Palestinian militant infiltrated into Israel and set off a shootout that left the infiltrator and one Israeli soldier dead, the military says. more »
- Mistrial declared in John Edwards case
- The campaign fraud trial of disgraced former U.S. senator John Edwards ended on Thursday with an acquittal on one of six counts and a mistrial declared on the remaining charges. more »
- Diamond Jubilee: Your photos of royal encounters
- The CBC Community team asked you to submit your best photos of the Queen's visits to Canada, or visits by any member of the Royal Family. The result was tremendous! more »
- How manhunts work
- A nation-wide manhunt, like the one being undertaken to find suspected killer Luka Rocco Magnotta, is a highly co-ordinated exercise that isn't quite as gritty or dramatic as it may seem in TV police shows. more »
Dispatches »
- Child "bomberitos" on Peru's most dangerous highway May. 31, 2012 3:34 PM The bomberito children of the Andes hitch homemade carts to passing transport trucks -- to aid motorists and victims of disasters in mountains that were once the domain of Peru's Shining Path rebels. They risk their lives for tips that help feed their families.
Connect Newsroom Blog
The Hunt for Magnotta and #bullyPROOF May. 31, 2012 7:32 PM Tonight we'll take you deep inside the dark recesses of the internet for a closer look what's being posted and who watching it.
- Body-parts victim ID'd as Chinese student in Montreal
- Edmonton teacher suspended for giving 0s
- Owner defends 'gore' site connected to Luka Magnotta
- New duty-free limits will challenge Canadian retailers
- Flooding closes Toronto subway hub Union station
- Copyright board to charge for music at weddings, parades
- Quebec student talks collapse and more protests loom
- Tree faller plunges to death as bucket breaks
- Alberta boy hospitalized after fight involving dozens of students

