US embassy cable - 05NAIROBI2167

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