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IdentifierCreatedClassificationOrigin
04SANAA3062 2004-12-12 05:18:00 CONFIDENTIAL Embassy Sanaa
Cable title:  

LIMBURG AND COLE CASES ON APPEAL, BANNA STILL ON

Tags:   PTER PREL ASEC KVPR YM COUNTER TERRORISM 
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					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.



--------------------------


Limburg Appeal


--------------------------





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.



--------------------------


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.



--------------------------


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