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Cablegate: Terrorism Trials: Magistrate Orders Defense To

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS NAIROBI 002167

SIPDIS

E.O. 12958: N/A
TAGS: PTER ASEC PHUM PGOV KISL KE
SUBJECT: TERRORISM TRIALS: MAGISTRATE ORDERS DEFENSE TO
PROCEED IN CONSPIRACY TRIAL

REF: A. A) NAIROBI 2071

B. B) NAIROBI 1947
C. C) NAIROBI 1868

1. (U) In a minor victory for the Global War on Terrorism,
the presiding magistrate for the conspiracy trial against
suspected al Qaida terrorists responsible for the November
2002 twin terrorist attacks in Mombasa and Kikambala ruled
May 25th that the prosecution had presented enough evidence
to allow the trial to continue. He ordered the attorneys of
Kubwa Mohamed Seif, Said Saggar Ahmed and Salmin Mohamed
Khamis to proceed with the defense's case on the morning of
May 26. This second phase of the trial could drag on for
months, delaying indefinitely any decision to convict or
release these three men.

2. (U) The judge in the separate murder trial of suspected
Kikambala terrorists Omar Said Omar, Aboud Rogo, Mohammed
Seif Kubwa and Ali Saleh Nabhan is scheduled to rule on June
9 whether to dismiss the charges or order that defense to
present its case. He was originally scheduled to announce
that decision on May 19 but said he needed more time (reftel
A). As both trials concern the same terrorist attacks and
rely heavily on the same evidence, the judge may well make
the same decision and order the defense to begin presenting
its case. However, should he decide the prosecution has not
presented sufficient evidence, these four suspects could be
freed on that day.
BELLAMY

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