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DoDo:
the public prosecutor of the Supreme Court (S.3) said that

"The evidence considered by the court ... is weak and inconsistent ... and does not fulfil the level of requirement that it must reasonably and necessarily meet to persuade and convince," the prosecutor said of the conspiracy conviction.
But also

Spanish prosecutor wants Sept 11 conviction quashed - International News - redOrbit

In a legal filing published on Thursday, the public prosecutor at the Supreme Court agreed with Yarkas that the conviction for conspiracy should be overturned but said the conviction for leading a terrorist group should remain intact.

...

But the prosecutor said he did not agree with the arguments used by lawyers for Al Jazeera journalist Tayseer Alouni in their bid to overturn his seven-year sentence for collaborating with a terrorist group.

Which is substantially consistent with El Pais' account I translated elsewhere on this thread.
Regarding Alouni, [the court] considered proven that he helped various Al Qaeda members, knowing that they were, "in order to obtain from these individuals exclusive and profitable informations" on the organization.


En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Fri Dec 4th, 2009 at 05:11:03 AM EST
[ Parent ]
I wrote:

though AFAIK the terrorism charges for those indicted along with Yarkas were disputed only from outside the judicial branch

(And that includes Barkazanli as well as Alouni.)

As for critics outside the judicial branch, even the conviction of the main suspect was criticised for the use of circumstancial evidence:

Spain's 9/11 trial called 'a failure' | csmonitor.com

[El Mundo] said one problem was that the court's argument regarding Yarkas' role in September 11 rested on 'two weak pieces of circumstantial evidence.' One was that his number was found in the phonebook of a person who had lived with Mohammed Atta, the plot leader. The other was a tapped phone conversation that Yarkas allegedly had in which another person talks of entering 'the aviation business.'

To consider this a reference to September 11 was 'a flight of fantasy for anyone with common sense, and raises immense doubts about the seriousness of the verdict,' El Mundo said.



*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Fri Dec 4th, 2009 at 05:26:34 AM EST
[ Parent ]

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