THE only man convicted for the attacks of September 11, 2001, was spared execution as a jury decided yesterday that Zacarias Moussaoui will spend the rest of his life in prison.

After seven days of deliberation the 12 members of the jury at the court in Alexandria, Virginia, failed to reach unanimous agreement that he should die by lethal injection.

In their 42-page verdict form, they rejected arguments that Moussaoui was seeking martyrdom or was mentally ill. But three members decided that he had only limited knowledge of 9/11, and described his role in the attacks as minor. There was also support for mitigating factors such as his violent and dysfunctional backgound, as well as the racism that he had encountered as a youth.

Moussaoui, 37, born in France and radicalised in London, had already been arrested by the time of the attacks. The prosecution said that the lies he told the FBI had helped to cause innocent deaths. Yesterday, after the verdict was reached, Moussaoui made one of his customary outbursts, shouting: “America, you lost.” He pointed at prosecution lawyers as he again said: “You lost. I won.”

The decision may be seen as a blow for the US Administration, which has invested almost four years in seeking to bring Moussaoui to justice. It has been criticised because other terror suspects, more closely linked to 9/11, have not been put on trial even though many of them are in custody.

But President Bush adopted a defiant note as he issued a statement shortly afterwards, saying that his thoughts remained with those who lost loved ones in 9/11. “The end of this trial represents the end of this case but not an end to the fight against terror. Our cause is right and the outcome is certain — justice will be served.”

A number of relatives of those who died in the attacks had testified in the trial both for the prosecution and for the defence. Yesterday, even some of those who had been most vocal in calling for the death penalty supported the jury’s decision. They included Rosemary Dillard, whose son, Eddie, died that day. She said: “He (Moussaoui) is a bad man but we have a fair society here . . . we have shown the world what we do to terrorists — we treat them with respect, no matter what they do to us and that makes us the bigger, better person.”

Abraham Scott, whose wife, Janice, died in the attack on the Pentagon, said: “I do know the jury made the right decision. Justice has been served today.”

Carie Lemack, whose mother, Judy Larocque, died on American Airlines Flight 11, which crashed into the World Trade Centre, said that her mother did not believe in the death penalty and would have been glad that Moussaoui was sentenced to life. “This man was an al-Qaeda wannabe who could never put together the 9/11 attacks,” Ms Lemack said. “He’s a wannabe who deserves to rot in jail.”

David Beamer, the father of Todd Beamer, a passenger on United Airlines Flight 93, which crashed in a Pennsylvania field, said: “Personally I’m disappointed. My son didn’t see his 33rd birthday. Among other things (Moussaoui) is a coward.” But he said that the jury had performed its duty and done its job, adding “so be it”.

Judge Leonie Brinkema will hand down the life sentence this morning. Offering assurance to the losing side, she told prosecutors: “The Government always wins when justice is done.” Paul McNulty, the prosecuting attorney, told reporters: “The jury has spoken, and we respect and accept that verdict.”

In Paris the lawyer for Moussaoui’s mother vowed to lead a legal battle to bring her son home. “We will pursue unrelentingly a request to French authorities that they demand a return of Zacarias Moussaoui to France,” said Patrick Baudouin, the lawyer for Aicha el-Wafi, said. “So the fight isn’t over — it is only beginning.”

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