The United States government will not appeal against a Chicago court verdict which found Pakistani-Canadian Tahawwur Rana not guilty on charges related to his involvement in the Mumbai terrorist attacks.
"After sentencing, Rana may appeal his conviction on the two counts, but the government cannot appeal the jury's finding of not guilty on the Mumbai count," said a Justice Department official.
"It is common knowledge that the law prevents the government from appealing a not guilty verdict. A defendant may appeal a guilty verdict," the official explained, which is quite contrary to the Indian legal system, where both the government and the defendant can appeal against court rulings.
In a verdict that was received with disappointment by India, the Chicago court on June 19 acquitted Rana on charges of plotting the 2008 Mumbai terror attacks but held him guilty of supporting Pakistan-based terror group Lashkar-e-Tayiba and planning a strike in Denmark that will get him a maximum of 30 years in jail.
Both India and the US have expressed disappointment with the verdict of the 12-member Chicago court jury that found Rana not guilty on charges of the Mumbai terrorist attack that killed 166 people, including six Americans.
"We are disappointed in the not guilty verdict on the Mumbai attacks," US Attorney Patrick J Fitzgerald told reporters.
At the same time, the jury found him guilty on the other two counts of charges that he was involved in the Denmark terror plot and provided material support to LeT, designated as a foreign terrorist organisation.
"We are gratified by the guilty verdict of providing material support for the Lashkar. And we are gratified by the guilty verdict to provide material support to the conspiracy in Denmark," the US attorney said.
"I do not know, the government had the burden of proof," he said, when asked what went wrong on the 26/11 charges that killed 166 people.
"We put our evidence forward and the jury found that we did not meet the burden (of proof) there. But they did find we made our burden proving material support to Lashkar and they found that we met our burden with regard to the attack in Denmark," Fitzgerald said.
Responding to a question, the US attorney said that he understands that Rana was acquitted on a very serious charge related to the Mumbai terrorist attack.
"What we are saying is that we embrace the jury's verdict and where the jury disagrees with us, we accept that. However, what they did convict him for was very serious given that he was supporting Lashkar's activities in India and supporting a plot in Denmark. No doubt that he was acquitted of serious conduct and is convicted of very serious conduct. We are not going to say, we got everything we wanted," he noted.
