Accidental leak in Guantanamo terror trial

GUANTANAMO BAY, Cuba, Feb. 5 (UPI) -- The Guantanamo Bay, Cuba, prosecution of a young Canadian captured alongside al-Qaida fighters in Afghanistan came under question by a leaked military document.

Omar Khadr was 15 when he was captured in a firefight in 2002. He is charged with throwing a grenade that killed a U.S. soldier but a document accidentally released Monday indicated it's possible the other person Khadr was holed up with could have thrown it before he was shot to death, a Miami Herald correspondent reported.

U.S. Navy Lt. Cmdr. William Kuebler, Khadr's Pentagon-appointed lawyer said the military was in "a bit of an awkward position" explaining how Khadr could have thrown the grenade as he had his back to the action and was shot twice in the back.

During pretrial arguments Monday, Kuebler said rather than face trial, Canada should ask for his return.

Prosecutor Marine Maj. Jeffrey Groaharing disagreed.

''The accused and the terrorists he was working with belong to no legitimate army. He belonged to al-Qaida,'' Groaharing said.