If proved, the new evidence would save him from receiving the death penalty

A report suggests he may have suffered brain damage at the hands of CIA agents

He was captured in Pakistan in 2003 and has been in Guantanamo since 2006

The man charged with masterminding 9/11 could escape the death penalty after it emerged he may have suffered brain injuries at the hands of CIA investigators.

Khalid Sheik Mohammed, 53, was allegedly found to have sustained brain damage while being held in CIA custody after his capture in Pakistan back in 2003.

After his capture he was held in the CIA's overseas prison network before finally being transferred to Guantánamo Bay in 2006.

Since then he has been languishing in the prison along with four other alleged accomplices.

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Khalid Sheik Mohammed pictured shortly after his capture by US security services in 2003

Mohammed confessed under intense questioning to masterminding the 9/11 terror attacks

But according to new evidence which emerged in January when the results of Mohammed’s MRI scans were obtained, he may have suffered brain injuries - the Miami Herald reported on Monday, citing his lawyers in a war court memo from March.

His lawyers now claim that if the allegations are proved to be true - he will almost certainly be spared the death sentence.

According to a 2014 report by the Senate intelligence committee on torture, the CIA had water boarded Mohammad 183 times, slamming his head into walls between interrogations, actions that caused permanent brain damage.

The 2014 Senate report on the CIA’s torture program condemned many of the agency’s practices.

Mohammed and his four accomplices in the 9/11 terror attacks have been in pretrial since 2012.

But according to the Herald, no trial has been set and no jury has been selected in part because of the years Mohammed has spent in CIA custody.

Mohammed was an Al-Qaeda member who worked closely with Osama Bin-Laden.

He was in charge of the terrorist cell's propaganda operations from 1999 until 2001.

And he confessed to FBI and CIA agents to a role in many of the most significant terrorist plots over the last twenty years.

Under intense questioning from the CIA he confessed to masterminding 9/11, the 1993 World Trade Center bombing, the Bali nightclub bombing in 2002 and Richard Reid's failed attempt to shoe-bomb an airliner in 2001.

He was charged by the US military commission with war crimes back in 2008 and will suffer the death penalty if convicted.