HAMBURG, Dec 15: A German court ruled on Monday that the only man convicted anywhere in the world over the September 11 attacks must remain in custody despite new evidence that could cast doubt on his involvement.

Mounir El Motassadeq was sentenced to the maximum 15 years in February on more than 3,000 counts of accessory to murder for helping a cell of Al Qaeda suicide hijackers based in the northern German city of Hamburg.

But his lawyers appealed after a Moroccan man, Adbelghani Mzoudi, facing identical charges in the same court was freed last week.

It followed the submission of secret new evidence to the court that only four men had been involved in the September 11 attacks conspiracy — three of whom are dead and one who is in prison in the United States.

The evidence was passed through Germany’s federal crime office (BKA) quoting an informant saying that neither Motassadeq nor Mzoudi were part of the cell.

But the court ruled on Monday that the evidence could not be taken into account because Motassadeq’s trial had ended and would only come into play if an appeal, currently under consideration, results in a retrial.

“A high degree of suspicion still weighs against the accused,” said the judges in a statement released by the court in the northern city of Hamburg.

They also said there was a very real danger that he would try to abscond if released.

Motassadeq’s lawyer, Josef Graessle-Muenscher, confirmed the ruling but did not want to give further details. Although Mzoudi was unexpectedly freed, his trial is still going on.

He also faces charges of accessory to the murder of more than 3,000 people, based on the death toll in the suicide attacks in New York and Washington, and membership of a terrorist organisation.

The evidence last week is thought to have come from Ramzi Binalshibh, also known as Ramzi bin al-Shaiba, an alleged senior Al Qaeda operative who is now in US custody, although no name has been officially given.

In its letter to the court, the BKA crime office said the source identified the four in Hamburg involved in the plot as Mohammed Atta, who was the alleged ringleader, fellow hijackers Marwan al-Shahhi and Ziad Jarrah, and Binalshibh.—AFP