Walker was denied access to counsel, says lawyer

THE US: The lawyer for the alleged American Taliban, Mr John Walker Lindh (20), has told a Virginia court that his client has…

THE US: The lawyer for the alleged American Taliban, Mr John Walker Lindh (20), has told a Virginia court that his client has been denied access to a lawyer for 52 days, contrary to FBI assertions that he had voluntarily waived his right to counsel.

The US Attorney General, Mr John Ashcroft, reiterated that the state's contention was that Mr Walker "chose to waive his rights orally and in writing before being questioned by the FBI". He said the court would adjudicate on the claims and Mr Walker would "be held to account for his decision".

Amid high security, Mr Walker, who arrived from Afghanistan on Wednesday, was making his first appearance before the Alexandria US District Court yesterday where he faces four charges relating to his alleged involvement with al- Qaeda, including one of conspiracy to kill US citizens abroad.

He was asked by Judge W. Curtis Sewell whether he understood the charges and the penalties, which could include life in prison.

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"Yes I do, sir," Mr Walker said, in a quiet voice that could still be easily heard in the courtroom.

His long hair and beard shorn, he stood with his arms at his side throughout the 15-minute hearing, glancing several times to prosecutors at his right. He never turned to look at his parents, sitting two rows behind. One of his four lawyers told the judge that Mr Walker did not learn the precise charges against him until the day before.

An Assistant US Attorney, Mr David Kelley, said the government was insisting he remain in custody because of the risk that he would try to flee and because of his potential danger to the community.

He was remanded in custody for a further hearing on February 6th.

Earlier he had been allowed his first private meeting with his divorced parents and his lawyer, Mr James Brosnahan. Following the hearing, his father, Mr Frank Lindh, told journalists his son had never intended to kill Americans.

"John loves America," he claimed. "He did not take up arms against America. He never intended to harm any Americans and did not harm any American. John is innocent of these charges." He said his son was in good health but complained he had not received medical treatment until transferred to the USS Bataan.

An emotional Ms Mary Walker was glad to have seen her son again. She said her love for him was "unconditional and absolute".

Mr Brosnahan also told journalists that of five letters sent by Mr Walker to his family since his capture, the Red Cross had only been allowed to deliver one, on Wednesday. In it, Mr Walker tells his family he is well and that he had been reassured that they had got him a lawyer. Mr Brosnahan insisted that "from December 2nd, John Lindh asked for a lawyer repeatedly and officials who have commented on this case knew that."

Meanwhile, at Guantanamo Bay, prisoners for the first time have been led in communal prayer by a a Marine Muslim chaplain.

Patrick Smyth

Patrick Smyth

Patrick Smyth is former Europe editor of The Irish Times