TERRORISM TRIALS: MAGISTRATE ORDERS DEFENSE TO

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