US embassy cable - 03KUWAIT1273

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 001273 
 
SIPDIS 
 
DEPT FOR NEA/ARP, DS/ICI/PII, DS/IP/NEA 
 
E.O. 12958: DECL: 04/02/2013 
TAGS: ASEC, PTER, PREL, CASC, KU 
SUBJECT: FOLLOW-UP ON JANUARY 21 TERROR ATTACK IN KUWAIT 
 
REF: A. KUWAIT 00222 
     B. KUWAIT 00225 
 
(U) LAW ENFORCEMENT SENSITIVE; PROTECT ACCORDINGLY 
 
1. (SBU) The following is an update on judicial actions taken 
against those involved in the January 21 terrorist attack on 
U.S. citizens near Camp Doha.  The GOK moved quickly to 
apprehend the gunman and other suspects, however two 
accessories remain at large and the Kuwaitis have had little 
success in locating them.  The wheels of justice in Kuwait 
sometimes spin slowly; the trial has already been postponed 
from March 12 to April 2, and again from April 2 to April 7. 
 
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PRIME SUSPECT: SAMI AL-MUTAIRI 
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2. (U) Sami Al-Mutairi faces charges of felony murder and 
attempted murder (as well as a variety of weapons charges) as 
a result of the January 21, 2003 shooting of two American DoD 
contractors, Michael Rene Pouliot and David Caraway.  Pouliot 
and Caraway were shot in their vehicle as they sat at a red 
light near Camp Doha; Pouliot was killed instantly while 
Caraway sustained multiple gunshot wounds.  Pouliot and 
Caraway were employees of Tapestry Solutions, a San Diego 
based defense contractor involved in the development of 
software applications used in military training. 
 
3. (SBU) Al-Mutairi attempted to flee to Saudi Arabia, but 
was apprehended at a Saudi border checkpoint on January 22. 
He confessed twice while in Saudi custody and was turned over 
to Kuwait State Security (KSS) later that morning, at which 
time he offered a third confession.  Al-Mutairi was a social 
worker employed by the GOK at the time of the shooting.  A 
known Islamic extremist, his passport was seized in late 2001 
by KSS after he made an unsuccessful attempt to travel to 
Afghanistan to fight with the Taliban.  Arrested in Iran, 
Al-Mutairi (and other young Kuwaitis) spent two months in 
jail there before being deported back to Kuwait.  At his 
first hearing on February 2, Al-Mutairi recanted, claiming 
his confessions were coerced.  He was held pending further 
investigation, and remains in custody today.  Al-Mutairi's 
trial was first scheduled to begin March 12, but was 
postponed at that time until April 2.  The trial opened 
briefly on April 2 before being postponed again until April 7. 
 
4. (U) Sami al-Mutairi is being charged with felony murder 
and attempted murder.  It is likely his trial could last for 
one year; the trial begins when the public prosecutor files 
the indictment with the competent criminal court and ends 
when a judgement is rendered by the Court of First Instance. 
Once a criminal judgement is rendered, either the prosecutor 
or the defendant can appeal the decision to the Court of 
Appeals.  At both the Court of First Instance and the Court 
of Appeals, a panel of three judges will hear the case; there 
is no trial by jury in Kuwait.  If the Court of First 
Instance returns a guilty verdict and imposes the death 
penalty, the case will automatically be heard again by the 
Court of Appeals.  The appellate process is likely to last 
one year before a final and enforceable judgement is 
rendered.  If the death penalty is ordered, the judgement 
cannot be carried out without the endorsement of the Amir, 
who has the discretion to pardon the defendant or to commute 
the sentence. 
 
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ACCOMPLICES 
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5. (SBU) Abdullah Amr Al-Utaybi trained Al-Mutairi in the 
operation of the AK-47 used in the attack.  According to 
Al-Mutairi's confession, after the attack, he invited himself 
to Al-Utaybi's farm where he revealed his involvement in the 
shooting.  Al-Utaybi praised Al-Mutairi for the attack and 
agreed to help him escape into Saudi Arabia.  Employed by 
Arab Oil Company, Al-Utaybi crossed the border on his company 
ID after dropping Al-Mutairi off at the Kuwaiti border 
checkpoint.  He planned to meet Al-Mutairi at a gas station 
on the Saudi side of the border, but Al-Mutairi was detained 
by Saudi police before reaching the rendezvous point.  KSS 
believes Al-Utaybi is hiding in Saudi Arabia, and is working 
with the Saudis to find and extradite him for questioning 
regarding his involvement in the shooting. 
 
6. (SBU) Badi Kruz Al-Ajami was arrested by KSS for 
transferring the AK-47 which Al-Mutairi used in the attack. 
Kruz is a known Islamic extremist with a criminal history; he 
was arrested in 2000 for attacking a Kuwaiti female whose 
face was uncovered, and served time for involvement with the 
Muhammed Al-Dusari terrorist case from November 2000.  He 
remains in custody at this time pending further investigation. 
 
7. (SBU) Rajih Hassan Al-Ajami is charged with transporting 
the AK-47 from Kruz to Al-Mutairi.  His current location is 
unknown,but he is believed to have possibly fled Kuwait. 
 
8. (SBU) Khalifa Al-Dihani was arrested for selling 700 
rounds of ammunition to Al-Mutairi.  He remains in custody 
pending further investigation. 
 
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COMPENSATION 
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9. (U) In Kuwait, the victim of a crime (or his heirs) are 
entitled to claim civil compensation before the criminal 
court which is handling the case.  The civil claimant is 
entitled to representation during the trial and may appeal 
the civil judgement.  The criminal court has the discretion 
to postpone the civil component of the trial until after 
sentencing if it determines the simultaneous consideration of 
both criminal and civil components will delay disposition of 
the criminal element.  If the Amir chooses to pardon the 
defendant or to commute his sentence, that will have no 
bearing on the civil element of the case and will not prevent 
payment of compensation to the victim (or his heirs). 
 
10. (C) Both Tapestry Solutions and David Caraway have 
contacted post to indicate their desire to seek compensation, 
and both have retained local counsel to pursue their claims. 
 
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COMMENT 
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11. (C) Since the shooting on January 21, post has been 
actively involved in this case.  An FBI team arrived in 
Kuwait on January 24, and remains in country participating in 
the investigation.  The team is in regular contact with KSS 
and the public prosecutors, underlining U.S. determination to 
see those responsible for this attack punished.  ConOff 
maintains close contact with David Caraway, Tapestry 
Solutions, and Michael Pouliot's widow Carol, and furnishes 
regular updates on the progress of the investigation. 
Although the Kuwaitis are eager to see Sami Al-Mutairi held 
accountable for the shooting, progress in arresting 
accessories has been limited and the final disposition of the 
case cannot be predicted.  Post will continue to closely 
monitor this case and keep up the pressure on Kuwait and 
bring all those involved in this attack to justice. 
JONES