Lone Accused Gunman in Mumbai Siege Disavows Confession
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Saturday, April 18, 2009
NEW DELHI, April 17 -- The only suspect captured during the deadly attacks in Mumbai in November sought in court Friday to withdraw his confession, which he claimed was taken under duress by Indian police.
On the first day of his trial in a special court set up inside a Mumbai prison, Ajmal Amir Kasab told a judge he had not made the statement that was read out in Hindi and Urdu by the prosecution, his attorney said.
"Kasab's confessional statement was provided to us in court. It was then shown to Kasab. Immediately, he said, 'I have not made this confession,' " the suspect's newly appointed attorney, Abbas Kazmi, told reporters outside the courtroom. "He said this signature was obtained out of force and coercion. He said, 'When I was in police custody, I was tortured, too.' We have moved for the court to retract the confession statement."
The statement was recorded in February and is the basis for the police charges, which Kazmi said his client intends to fight. The prominent Mumbai lawyer was named Thursday to replace Kasab's previous attorney, whom Judge M.L. Tahiliyani dismissed this week, citing a conflict of interest.
Kasab is accused of being one of the 10 gunmen who arrived in Mumbai by boat Nov. 26 and launched a three-day siege, targeting 10 sites in the city, that killed more than 170 people, including six Americans. The charges against him include direct involvement in terrorist attacks, criminal conspiracy and waging war against the Indian state. Nine attackers died during the siege.
Authorities have said Kasab confessed to being a Pakistani national. India has blamed the banned Pakistan-based Islamist group Lashkar-i-Taiba for training and directing the gunmen.
Kasab faces the death penalty if convicted.
During a hearing Thursday, Kazmi argued that his client was younger than 17 and should be tried in a juvenile court.
But the prosecutor, Ujjwal Nikam, said Kasab had three times given his age as 21 while making his confession. "He is lying," Nikam said. "It's clear he is not a minor."
According to a report in the Times of India newspaper, Tahiliyani ruled that Kasab did not appear to be younger than 17 and rejected the application to move the case to juvenile court.
Reading from Kasab's confession, Nikam said in court that handlers had instructed the 10 gunmen to specifically target U.S., British and Israeli citizens in Mumbai and to avoid Muslims. He also told the court that Kasab had said a Pakistani army official was present during the training and had set up the Internet phone system the gunmen used to contact their counterparts in Pakistan during the attack.
Kazmi told reporters he has not had time to talk about the case in detail with Kasab. "This is not a normal trial, where the accused can sit and talk in peace with an advocate. I need a free atmosphere, and I have not got it yet," he said.





