Moussaoui case may be handed to Cuba tribunal

Facing growing legal problems, the Bush administration is close to abandoning the Justice Department's prosecution of Zacarias Moussaoui, the alleged "20th hijacker" of 11 September, and handing the case to a military tribunal at Guantanamo Bay in Cuba.

The decision has been prompted by the refusal of the Pentagon and the CIA to accede to Mr Moussaoui's demand for access to witnesses to help with his defence against charges which carry the death penalty. The trial, before a federal court in Virginia, has been repeatedly postponed, and now may not take place at all.

The key witness sought by Mr Moussaoui's defence is Ramzi bin al-Shibh, the suspected al-Qa'ida operative captured in Pakistan last month. Mr bin al-Shibh, who could confirm or deny Mr Moussaoui's claim that he was not involved, is referred to throughout the Moussaoui indictment.

The Pentagon and CIA insist that to permit Mr bin al-Shibh to give evidence would endanger intelligence gathering. However, transferring Mr Moussaoui to a special military tribunal would lead to further criticism of the administration for trampling on basic rights.