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Court to decide on Mumbai accused Mumbai suspect trial to proceed
(about 2 hours later)
A court in the Indian city of Mumbai is due to decide whether to accept the guilty plea made by the main suspect in last year's deadly attacks in the city. The trial of the main suspect in the Mumbai (Bombay) attacks will continue despite his change of plea to guilty, the judge has ruled.
The ruling is expected one day after Mohammad Ajmal Amir Qasab told the court he is ready to be hanged after admitting his role in the violence. Mohammad Ajmal Amir Qasab's confession will go on record but it does not address all 86 charges he faces, Judge ML Tahiliyani said.
Prosecutors said he changed his plea to guilty to secure leniency. The next prosecution witness is due to appear shortly. Mr Qasab's lawyer has offered to withdraw from the case.
They want the trial to proceed but the defence says it should end if the court accepts his plea. More than 170 people were killed in the attacks, nine of them gunmen.
More than 170 people were killed in the November attacks, nine of them gunmen.
Mr Qasab, who is a Pakistani, faces 86 charges, including waging war on India, murder and possessing explosives.Mr Qasab, who is a Pakistani, faces 86 charges, including waging war on India, murder and possessing explosives.
In May, he had pleaded not guilty to all charges. In May, he pleaded not guilty to all charges. Prosecutors say he changed his plea to secure leniency.
'Inconsistent' 'Sort it out'
Chief public prosecutor Ujjwal Nikam asked the court on Wednesday to keep Mr Qasab's confessional statement on record and allow them to continue with the evidence and trial. Announcing that the trial would go ahead, Judge Tahiliyani directed the prosecution to produce the next witness on Thursday afternoon.
If anyone believes that I am doing this [pleading guilty] to get mercy, then go ahead and hang me Mohammad Ajmal Amir Qasab class="" href="/2/hi/south_asia/8159077.stm">Profile: Mumbai suspect class="" href="/2/hi/south_asia/8160243.stm">Excerpts from confession He said the confessional statement made by the accused on Monday and Tuesday would remain on record, but described it as a partial admission.
Mr Nikam said by making the confession, the accused was putting the larger blame on his accomplice [Abu Ismail] who was already dead. Defence lawyer Abbas Kazmi then offered to withdraw from the case.
"Very shrewdly, very cleverly Qasab has tried to save his own skin by showing he was acting as a subordinate to Abu Ismail," the lawyer said. "If my client does not trust me then I should be excused," Mr Kazmi said in court.
"He knows that by denying a major role, no Indian court is going to award him the death penalty." The judge asked Mr Qasab and Mr Kazmi to "speak to each other and sort out your problem".
At this point Mr Qasab said: "If anyone believes that I am doing this [pleading guilty] to get mercy, then go ahead and hang me." The ruling came a day after the accused said he was ready to be hanged.
Tensions The prosecution had argued that the trial should proceed, while the defence said it should end and a judgement be delivered if the court accepted his plea.
He also told special judge ML Tahiliyani: "Since I have committed the crime in this world, I should be punished in this world. I do not want to be punished by Allah."
MAIN QASAB CHARGES Waging war on IndiaMurderConspiracy to murderDestabilising the governmentKidnapRobberySmuggling and possessing illegal arms and explosives Media see early end to trial Attackers' bodies still unclaimed Tears and smirks in court
Defence lawyer Abbas Kazmi told the court: "I'm not prevailing over my client's wishes. If the trial has to continue, then this statement cannot be on record."
But, if the court accepts the statement, then it must pronounce the judgement in the case, he said.
Mohammad Ajmal Amir Qasab, 21, was arrested on the first day of the attacks and has been in Indian custody ever since.
He is alleged to be the only one of 10 gunmen to have survived. The others were all killed by Indian security forces.
The attacks led to a worsening of relations between India and Pakistan.
India accused Pakistan-based fighters from the banned militant group Lashkar-e-Taiba of carrying out the attacks.
In the immediate aftermath of the killings, Pakistan denied any responsibility, but later admitted the attacks had been partly planned on its soil. Islamabad also eventually confirmed that Mr Qasab was a Pakistani citizen.
That admission, Mr Qasab said on Monday, was what had prompted him to confess. He said his decision to do so had been taken voluntarily. The move took everyone by surprise, most notably his own lawyers.
He could face the death penalty if the judge agrees to impose the maximum penalty.