Judge accepts Mumbai gunman's confession

(MUMBAI, India) The trial of the lone surviving gunman in the Mumbai attacks will continue despite his surprise admission of guilt, a judge ruled Thursday, ensuring that the young Pakistani will be prosecuted for all 86 charges including murder and conspiracy to wage war against India.

Ajmal Kasab, 21, unexpectedly confessed Monday to taking part in the November attack that paralyzed India's financial capital and killed 166 people.

The court had delayed a decision on whether to accept his confession and guilty plea, with prosecutors arguing that his statement was incomplete and accusing Kasab of seeking to avoid the death penalty. In response, Kasab said he was willing to be hanged for his actions.

Judge M.L. Tahiliyani decided Thursday to accept Kasab's confession as evidence, but ordered the trial to continue because the accused did not address all the charges against him.

Kasab admitted spraying gunfire into the crowd at Mumbai's main train station, but denied killing four Mumbai policemen whose deaths remain touchstones of grief and anger in India.

The gunman also linked the attack to Lashkar-e-Taiba, a militant outfit formed in the 1980s with the blessing of Pakistan's intelligence services, bolstering India's charges that Pakistan is not doing enough to clamp down on terrorist groups behind the well-planned attack.

Prosecutor Ujjwal Nikam was pleased with the judge's decision, saying his position had been "vindicated."

He said he wants to wrap up proceedings in a month, and plans to call FBI witnesses to help establish why the attacks targeted Mumbai and foreigners, and expose the infrastructure of Lashkar-e-Taiba.

Tensions over the past few weeks between Kasab and his attorney, Abbas Kazmi, remained high Thursday, with the lawyer asking to be recused from the case after the morning session, saying his client had no faith in him.

"If he has no confidence in me, there is no sense in me continuing in the case," he said.

Kasab, however, denied that he'd expressed dissatisfaction. "There is no reason for me not to have any faith in him," he told the judge.

The judge asked Kazmi to stay because of his extensive knowledge of the case, and after consulting with Kasab during the lunch break, he agreed to stay on the case.

It was the second time this week that Kasab crossed his attorney in open court. Kazmi said Wednesday that police had "mentally tortured" his client in the days before his confession. When the judge asked Kasab if this was true, Kasab denied it.

His attempt to step down comes after weeks of frustration and poor communication. The lawyer said Kasab's surprise confession "shocked" him, and he has complained about inadequate access to his client.

The court has not allowed Kazmi to consult with Kasab one-on-one or visit him in his cell, he said. Their interviews, which happen every few days and last about ten minutes, are conducted under heavy police guard, he said.

Kazmi was appointed after Kasab's first lawyer was dismissed because of a conflict of interest.

His last minute appointment left him little time to wade through the 12,000-page case file and prepare to cross-examine more than 100 witnesses. "I have not had time to study to my satisfaction the details of this case," he said.

Now, he must figure out how to defend a man who has already confessed his guilt.

"I'm definitely under immense pressure," Kazmi said Tuesday. He said he earns 2500 rupees ($52) per day in court, but has yet to "receive a single penny" since the trial started in April.

© 2009