The lawyer for the man accused of setting up the 2000 attack on the USS Cole has asked for a delay. Source: AAP
THE lawyer for a man accused in an attack on a US warship says a Pentagon computer server failure resulted in the loss of a large cache of documents used by military tribunal defence lawyers.
Richard Kammen, a member of the team representing an alleged senior al-Qaeda figure facing a war crimes tribunal at the US base in Guantanamo Bay, Cuba, says officials mishandled more than 500,000 defence lawyer emails and appear to be monitoring their internet searches as they prepare their cases.
Kammen, a defence lawyer appointed to defend Abd al-Rahim al-Nashiri, has urged a military lawyer to cancel a hearing at Guantanamo next week over the alleged breaches of lawyer-client privilege and the server failure.
The motion remains under seal until authorities review it for potential classified information.
The lawyer said the court needed to establish the extent of any breach of lawyer-client privilege.
"We want to put the case on hold, number one, to find the scope of the intrusions," he said.
"Was this the product of negligence or something worse? Also, we need to have the problem fixed."
A Defense Department spokesman declined comment because the defence allegations are the subject of active litigation.
A response by prosecutors has not yet been posted by the Office of Military Commissions, which is in charge of the Guantanamo tribunals.
It's not the first time tribunal defence teams have alleged improper monitoring.
In February, proceedings in the case of five men charged in the September 11 attacks were thrown into disarray after lawyers discovered microphones apparently disguised to look like smoke detectors in the rooms where they meet their clients.
The military said it would disconnect the devices but said they had not been used to eavesdrop or record meetings between prisoners and their lawyers.
Al-Nashiri faces charges that include terrorism and murder for allegedly setting up the 2000 attack on the USS Cole which killed 17 crew members and wounded 37.
A four-day pretrial motions hearing is due to start on Monday.
It is not clear when the judge will rule on the request to delay the proceedings.
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