WASHINGTON, Oct 2: A federal judge ruled on Thursday that prosecutors cannot seek the death penalty against accused Sept 11 conspirator Zacarias Moussaoui because of the US government’s refusal to allow him to question Al Qaeda captives.

In a second sanction for the government’s refusal to give Moussaoui and his lawyers access to the al Qaeda members, US District Judge Leonie Brinkema said prosecutors may not present at trial any evidence that he was involved in or had knowledge of the planning and execution of the Sept. 11, 2001, attacks.

That goes to the heart of the government’s case against Moussaoui, the only person charged in the United States in connection with the Sept. 11 hijacked plane attacks that killed 3,000 people.

Brinkema refused to dismiss the case. Her decision was surprising, as Moussaoui and his lawyers had recommended that, and even the prosecutors said they would not object to dismissal of the indictment as the surest way to get prompt review of the issues on appeal.

Moussaoui, a Frenchman of Moroccan descent, says the al Qaeda captives can help prove he was not involved in the Sept. 11 attacks, but the government says the questioning could jeopardize national security by disclosing classified information.

Moussaoui seeks to question Khalid Sheikh Mohammed, the accused mastermind of the attacks; Mustafa Ahmed al-Hawsawi, believed to be one of the financiers of the attacks, and Ramzi bin al-Shaibah, the man suspected of coordinating them.—Reuters