US embassy cable - 04SANAA3062

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 003062 
 
SIPDIS 
 
E.O. 12958: DECL: 12/07/2014 
TAGS: PTER, PREL, ASEC, KVPR, YM, COUNTER TERRORISM 
SUBJECT: LIMBURG AND COLE CASES ON APPEAL, BANNA STILL ON 
HOLD 
 
REF: A. SANAA 02021 
     B. SANAA 02328 
     C. SANAA 02421 
 
Classified By: Ambassador Thomas Krajeski for reasons 1.4(b) and (d). 
 
1. (C) Summary. Assistant Attorney General (AAG) Sharaf 
al-Mahbashi told Legatt on 10/06 that the Limburg appeal 
began with arguments from the first eight appellees, that 
briefs have been submitted to Court of Appeals in the Cole 
case although the court has not yet set a date to hear 
arguments, and that the AG's office has still not received 
the case file on U.S. fugitive Jabar Al-Banna. End Summary. 
 
2. (C) In a 12/06 meeting AAG Sharaf Addin Al-Mahbashi shared 
with Legatt and FPD details of the appeals in the M.V. 
Limburg and Cole cases (ref. A, B) as well as on the status 
of Yemeni detainee and U.S. fugitive, Jabar al-Banna. 
 
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Limburg Appeal 
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3. (U) According to AAG Mahbashi, eight of the fifteen 
appellees presented oral arguments to a three-judge panel in 
the Court of Appeals on 12/04.  Mahbashi noted that the eight 
appellees, arguments were the same. They presented 
confessions to their crimes, which were also written, signed 
and sealed with a fingerprint, coupled with a plea for mercy 
and request for a reduction in sentence. All appellees also 
assured the court that they would not be repeat offenders. 
The prosecution retorted in all eight cases, asking that the 
court raise the sentences to the maximum the law allows. 
(ref. b). Mahbashi anticipates that the panel will likely 
uphold the sentences as they stand. End Note. 
 
4. (U) The eight Appellees who presented oral arguments on 
12/04 were: 
 
-- Omer Sa'id Jarallah (ten years for the 2002 attack on the 
MV Limburg) 
 
-- Mohammed al-Ammari (ten years for the 2002 attack on the 
MV Limburg) 
 
-- Fawzi al-Wajih (ten years for the 2002 attack on the MV 
Limburg) 
 
-- Ibrahim al-Howeid (five years for plotting to attack 
foreign embassies in Sana'a and for planning to kill the U.S. 
Ambassador to Yemen) 
 
-- Qassem al-Rayni (five years for plotting to attack foreign 
embassies in Sana'a and for planning to kill the U.S. 
Ambassador to Yemen) 
 
-- Abdul-Ghani Dhayfan (five years for plotting to attack 
foreign embassies in Sana'a and for planning to kill the U.S. 
Ambassador to Yemen) 
 
-- Mohammed Ali al-Daylami (five years for plotting to attack 
foreign embassies in Sana'a and for planning to kill the U.S. 
Ambassador to Yemen) 
 
-- Kahled al-Juloab (three years for forging documents) 
 
 
5. (C) The AAG presented copies of the confessions, which 
were read verbatim to the panel, but would not hand over 
copies to Legatt, promising to do so only after all the 
appeals were completed.  He said the confessions were 
detailed and "completely" in line with the crimes that each 
Appellee was charged with.  The AAG affirmed that he was 
pleased with the outcome of the case, particularly after the 
12/04 hearing, adding that he will make every effort to see 
that the court sentence the remaining five defendants to the 
maximum sentence allowed by Yemeni law. 
 
6. (C) Both media and family members were present during the 
Appeals Court session.  Mahbashi described the feeling in the 
court chamber as subdued and speculated that the family 
members present, who created substantial commotion during the 
initial trial, now realized that the charges against the 
defendants were true.  (Ref A).  No date has been set for the 
remaining appellees but Mahbashi assured that the process 
will move along and promised to keep Post updated. 
 
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Cole Appeal 
----------- 
 
7. (C) On the Cole Appeal, (ref. B) AAG noted that the four 
appellees have submitted their briefs to the Court of Appeals 
but that his office was still not informed of a date to 
present oral arguments. 
 
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Jabar Al-Banna 
-------------- 
 
8. (C) Finally, Mahbashi affirmed that the case files of 
Jabar Al-Banna has not been handed over to the AG,s office 
for investigation.  He also said that he did not anticipate 
any movement on the file until the end of the year. 
 
 
9. (C) Legatt reiterated his offer to bring case agents with 
knowledge on Al-Banna to Yemen to help the AG,s office in 
developing a case.  Mahbashi replied that there was no need 
for any assistance until the file was turned over to the AG's 
office and case had been reviewed. 
 
KRAJESKI