Omar Khadr boycotted - for the third straight morning - Saturday's hearing in his war crimes trial on murder and terrorism charges.
"He has no legitimate reasons, if he can play basketball he can come to court," Military Judge Col. Patrick Parrish said, ruling that Mr. Khadr, the sole Canadian held at Guantanamo, was exercising his right to voluntarily absent himself from the hearings.
Shortly thereafter, the court went into secret session. Reporters were cleared from the room, while a videotape showing Mr Khadr being interrogated by Canadian Security and Intelligence Service agents at Guantanamo in February, 2003 was played. That video was ordered released in Canada by the Supreme Court in 2008 but remains classified in the United States.
Mr. Khadr's continuing absence from the courtroom deprives his defence team of his input as they cross-examine military interrogators and U.S. intelligence agents who questioned the then gravely-wounded teenager in the months after his capture in Afghanistan in 2002.
If Mr. Khadr was present, he could tell his lawyers when interrogators' accounts don't match his recollection of treatment and exchanges.
"I'm not going, nothing is starting at 0730," Mr. Khadr said, according to Marine Capt. Laura Bruzzese, who told the court that he had refused to attend when she arrived at the prison camp compound to escort him.
It's not clear if Mr. Khadr believes the court doesn't proceed without him but it does. His lawyers have repeatedly urged him to attend.
Barry Coburn, one of the defence lawyers said he was confident Mr. Khadr wasn't "trying to thumb his nose'' at court. But Col. Parrish seemed unconvinced, noting that Mr. Khadr was playing basketball the previous evening.
On Friday, an attractive young naval ensign dangled promises of early return to Canada as she elicited Omar Khadr's co-operation, bringing treats to their interrogation sessions at Guantanamo Bay soon after the gravely wounded teenager arrived from Afghanistan in October, 2002.
"I'd rather be in the booth with you than bored down in my cell," she recalled Mr. Khadr, then 16, telling her at one of their many sessions together. The former military interrogator identified only as Agent 11 testified Friday at pre-trial hearings in Mr. Khadr's war-crimes trial for murder and terrorism. Her identity cannot be disclosed.
Agent 11 first questioned Mr. Khadr at his hospital bedside hours after he was flown in from Bagram, Afghanistan. It was the first of a series of meetings, most of them in small interrogation booths where she would bring him small treats - Fig Newtons and M&Ms.
"He knew if he was co-operative it would expedite his repatriation back to Canada," said Agent 11.
In October, 2002, when she was a newly minted military-intelligence interrogator with only a month's training, Agent 11 said her team leader told her he had picked her to build a rapport with Mr. Khadr and extract whatever information she could from the son of a leading al-Qaeda figure.
Mr. Khadr, who refused to appear at Friday's hearing, and Agent 11 developed what she called "a strong rapport" during their sessions.
Agent 11 said Mr. Khadr never told her of any mistreatment or abuse during his months of interrogation in Bagram.
Defence lawyers are fighting to suppress Mr. Khadr's confessions - including an account of tossing a grenade that killed a U.S. special forces medic - and other prosecution evidence such as a video showing the then 15-year-old assembling detonators for roadside bombs while the voice of an al-Qaeda operative expresses hopes that they will cause mass casualties.
The defence contends that Mr. Khadr was tortured and abused, used as a human mop and brutally interrogated by a U.S. soldier who was later court-martialed.
Agent 11 said the interrogation-squad leader chose her to work with Mr. Khadr because she could be "a motherly figure." When, on cross-examination, she was asked if ''motherly" accurately reflected her role, she rejected the suggestion that it was anything else.
Mr. Khadr told her that he was the last man living in the bombed-out compound near Khost when he tossed the grenade that killed U.S special forces medic Christopher Speer.
Of planting roadside bombs, he said: "It was the most proudest moment of my life," said Agent 11. Later, Mr. Khadr told her: "I'd like to go back to Canada and become a doctor."
The young captive talked so much that sometimes "I had to stop him so I could catch up [with note taking,]rdquo; she said.
Then they would review the story and "Omar made sure I had everything right." She also insisted that she would have reported up the chain of command if Mr. Khadr had ever told her of ill-treatment.
"We follow the Geneva Conventions and [abuse]is against the law," she said.
While the defence team hopes to portray Mr. Khadr's treatment in both Bagram and Guantanamo as cruel and inhumane, the interrogators so far presented by the prosecution - an FBI agent, Agent 11 and Jocelyn Dillard, of the U.S. Naval Criminal Investigation Service - have testified they knew nothing about and were never involved in any coercive interviews.