JORDAN COURT OVERTURNS FOLEY KILLING CONSPIRATOR

UNCLAS AMMAN 001458

SIPDIS

FOR NEA/ELA AND S/CT

E.O. 12958: N/A
TAGS: PTER ASEC JO
SUBJECT: JORDAN COURT OVERTURNS FOLEY KILLING CONSPIRATOR
SENTENCE, REFERS CASE BACK TO SECURITY COURT

REF: 04 AMMAN 6212


1. (U) Jordan's al-Dustour newspaper reported on May 13 that
the Court of Cassation - Jordan's Supreme Court - has
overturned the 10-year sentence of Muammar Ahmad Yusuf
al-Jaghbir, who had been convicted for his role in the 2002
murder of USAID official Laurence Foley in Amman. According
to the article, the Court referred the case back to tQate
Security Court (SSC).


2. (U) Jaghbir had been accused of helping form the cell
that killed Foley, and of facilitating communications and
money flows between the cell and Abu Mus'ab al-Zarqawi. The
10-year sentence was itself the product of a November 28,
2007 sentence reduction by the State Security Court (SSC).
Jaghbir was originally sentenced to death in absentia in
April 2004. Note: When the 2004 verdict was originally
announced - in July that year - the GOJ also noted that
Jaghbir had been captured by Coalition forces in Iraq and
turned over to Jordan. As stipulated by Jordanian law, a
retrial was mandated once he was returned to Jordan (ref A).
End Note. According to the Jordan Times report in November
2007, the SSC had decided to amend the original charge of
"plotting subversive acts that led to the death of an
individual" to "plotting terrorist attacks," and subsequently
reduced his original sentence. The 10-year sentence was
referred for review to the Court of Cassation, a process that
ended with the latest decision.


3. (SBU) A contact at the State Security Court, Major Ramzi
Nuzha, said he had not seen the latest details on the case,
but pointed out that SSC sentences are subject to review by
the Cassation Court, which has the authority to refer a case
back to the court of origin (in this case the SSC) with
instructions on "what they did wrong." Press reporting to
date provides no details about what was "wrong."


4. (SBU) Suggested guidance:

-- We have seen the reports.

-- We understand that Jordan's supreme court has sent the
case back to the trial court for review, and we are seeking
additional details about the current legal process.

-- We would refer you to the Government of Jordan for further
information on the Jordanian legal system and the status of
this case.
HALE