WASHINGTON - A U.S. appeals court says it will not intervene in the military commission case against Canadian detainee Omar Khadr.
The three-judge panel agreed that it has no authority to deal with issues at this time in the planned war crimes trial of Khadr.
The 21-year-old Khadr is among the first detainees scheduled to be tried under the new military commission system.
The Canadian, held at Guantanamo Bay, is accused of killing a U.S. soldier during a firefight in Afghanistan in 2002.
Lawyers brought Khadr's case to Washington after a military appeals panel ruled against him last September.
That cleared the way for his trial, which is scheduled to begin Oct. 8.
On Friday, Judge David Sentelle and two colleagues ruled that those accused in military commission cases are entitled to be heard by the civilian appeals court only after they have been found guilty and have been sentenced.
Last week, the U.S. Supreme Court ruled that the terrorism detainees at Guantanamo Bay have the right to seek their release in civilian courts.
Attorney General Michael Mukasey says the decision won't affect planned military commission trials, but some defence lawyers say they will seek dismissal of military commission trials against their clients. Nineteen of the detainees face commission trials.
