191255Z SEP 08 
FM AMEMBASSY KHARTOUM 
TO SECSTATE WASHDC 1927 
DEPT OF JUSTICE WASHINGTON DC 
FBI WASHINGTON DC 0011

UNCLAS KHARTOUM 001419 
 
SIPDIS 
SENSITIVE 
 
DOJ FOR NATIONAL SECURITY DIVISION 
DEPT FOR M, P, L, AF, DS, AF/SPG, CA AND S/CT 
DEPT FOR USAID AA/AF 
 
E.O. 12958: N/A 
TAGS: ASEC PTER PGOV SU
SUBJECT: PROSECUTION PRESENTS EVIDENCE DURING THIRD SESSION OF 
GRANVILLE/ABBAS TRIAL 
 
REF: A) KHARTOUM 1340 
B) KHARTOUM 1329 
C) KHARTOUM 1306 
D) KHARTOUM 1255 
 
¶1. (U) SUMMARY: On September 11, U.S. Embassy Foreign Service 
National employees from the Regional Security Office, 
Political/Economic, and Public Diplomacy sections attended the third 
session of the trial of five Sudanese men accused in the January 1, 
2008 murders of USAID Officer John Granville and FSN driver 
Abdelrahman Abbas. Judge Said Ahmed al-Badri presided. The 
Granville family's attorney, Mr. Taha Ibrahim, was introduced to 
the court during this session. The three-hour proceedings introduced 
evidence including police reports, a crime scene sketch, 
photographs, autopsy reports, defendant statements, receipts, 
weapons, and ammunition casings. Four of the five defendants said 
their confessions had been coerced. Two of the defendants told the 
judge they were arrested earlier than the dates reflected on the 
police documents. After the exhibits, documents, and statements had 
been presented for each defendant, the judge set the next court 
dates for Sunday, September 21, and Monday, September 22. End 
SUMMARY 
 
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TRIAL PARTICIPANTS AND EMBASSY OBSERVERS 
---------------------------------------- 
 
¶2. (U) Five Foreign Service National (FSN) employees observed the 
trial for the U.S. Embassy. Due to security concerns (reftel B,) 
the FSNs arrived at the courthouse in staggered intervals and did 
not sit together, acknowledge each other's presence, or identify 
themselves as US Embassy employees. Although security was 
significantly improved with the deployment of more than 100 riot 
police officers outside the courthouse, the FSN employees were 
allowed to pass through police lines by simply stating they needed 
to go inside. Of the five, only one was asked for identification. 
After presenting his military identification card, the FSN was 
allowed to continue without additional questioning. None of the 
FSNs was searched before entering the courtroom. 
 
¶3. (U) Several members of local and international media, including 
Al Jazeera, attended and filmed the court proceedings. At least 
four plain-clothes police officers were positioned in the courtroom 
sitting among family members, journalists, and other observers. A 
Sudanese military intelligence official was also in the audience 
observing the proceedings. 
 
¶4. (U) Judge al-Badri called the court to order at 11:00 a.m. and 
recognized the prosecution and defense panel chairs for opening 
statements. Prosecution Chair Mohamed Mustafa Musa introduced 
himself and the members of the prosecution panel of four attorneys. 
Babiker Abdel Latif, the Ministry of Justice's Chief Prosecutor for 
Khartoum State was not present. Following the introduction of the 
prosecution panel, the judge recognized Mr. Taha Jarbur Ibrahim, the 
Sudanese attorney representing the Granville family. Mr. Ibrahim 
informed the court that he was not there on behalf of the US 
Government or US Embassy, but rather to represent the interests of 
John Granville's mother and sister. Mr. Abu Sugra, the attorney 
representing Abdelrahman's family, arrived approximately 25 minutes 
late and did not actively engage in prosecution panel discussions. 
The defense was represented by Sidiq Ali Kodada and four other 
attorneys for the accused. 
 
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EVIDENCE SUMMARY 
---------------- 
 
¶5. (U) Following the introductions of the prosecution and defense 
teams, the judge called on Major General Abdelraheem Ahmed 
Abdelraheem from the Sudan National Police Criminal Investigation 
Division (CID). General Abdelraheem told the court he was the chief 
investigator in the case, and had led a team including 
representatives from the Sudan National Police, National 
Intelligence and Security Service (NISS) and Sudan's Armed Forces 
Military Intelligence division (MID). Abdelraheem presented evidence 
exhibits that included: a crime scene sketch, crime scene 
photographs, Abbas, Granville and witness documents, and defendant 
statements. The various exhibits for the victims contained autopsy 
authorizations and reports, police complaints, injury description 
and analysis, death certificates, and CID blood and urine toxicology 
reports. After the presentation of general exhibits, specific 
evidence against each defendant was introduced. The evidence 
included written statements, digital video recorded confessions, and 
physical evidence linked to several of the defendants. 
 
--------------------------- 
EVIDENCE AGAINST DEFENDANTS 
 
--------------------------- 
 
¶6. (U) The prosecution's presentation of evidence began with that 
against Mohamed Makawi. The prosecutor said Makawi had been in the 
front right passenger seat of the attack vehicle, a rented four-door 
Hyundai Accent, and had fired the first two shots from a 9mm pistol, 
killing Abdelrahman before the pistol jammed. According to 
defendant Abd Al-Ra'ouf's statement, the group had agreed in advance 
that Makawi would lead the attack. Makawi told police that he 
traveled to Khartoum three days before the murders to look for 
targets, and was assisted by a sixth participant, Mohamed Ibrahim, 
aka "Hamza," who provided information on the American Embassy's 
office compounds and when Americans left home to go to work. He 
claimed Ibrahim was with him when he surveilled embassy venues 
including the recreation site, residences, and offices. He 
identified American Embassy residences by following employees home 
from their offices. 
 
¶7. (U) At approximately 10:00 p.m. on December 31, 2007, the 
prosecution said that Makawi and three of his co-defendants arrived 
in Khartoum from nearby Atbara in a rented Hyundai. Makawi claimed 
that Mohamed Osman had purchased weapons and ammunition for their 
planned attack. Makawi informed the police that their intent was to 
find a New Year's Eve party and to kill guests as they were leaving. 
After being unable to find any large gatherings, they parked at the 
Khartoum Medical Academy near Street 60 and Omak Road Extension 
(Menshia Road) intersection to look for targets on their way home 
from a party. Makawi stated that although attacking Americans had 
not been the original plan, they had subsequently agreed that the 
target should be an American. In his statement, he also said that 
Mohamed drove the attack vehicle, and that they had with them three 
Kalashnikov rifles and one 9mm pistol. When asked by Judge Al-Badri 
to confirm that the statement read was his, Makawi acknowledged 
making the statement, but said he had been coerced into doing so. 
When presented with the 9mm pistol and three empty 9mm casings, 
Makawi denied ownership or use of the weapon. 
 
¶8. (U) In its presentation against the second defendant, the police 
reported that Abd Al-Basit sat in the rear right passenger seat and 
fired six shots from a Kalashnikov rifle into the USAID vehicle 
after Makawi's pistol jammed. The police alleged that a 7.62mm 
round fired from Abdulbasat's Kalashnikov was the fatal shot that 
killed John Granville. The prosecution also argued that Abd 
Al-Basit rented two vehicles, one for the attack vehicle and a 
second get-away car. The group parked the get-away car, a Suzuki 
SUV, at the Banjadit Al-Had Yussef Hospital in the Bahri District of 
North Khartoum. The prosecution stated that Abd Al-Basit provided a 
confession to Judge Osama Jibril Ahmed at the Khartoum North Court 
on February 26, 2008. The police presented two empty 7.62mm brass 
casings, two rental vehicle agreements for a Hyundai Accent with 
registration 1314 and a Suzuki sport utility vehicle with 
registration 507, and toll gate receipts from Shendi, North 
Khartoum, that were found in the rental vehicle and attributable to 
Abd Al-Basit. 
 
¶9. (U) In his statement presented by the prosecution, Abd Al-Basit 
said that he had fired six 7.62mm Kalashnikov rounds into the USAID 
vehicle on January 1. After departing Khartoum, he said they 
stopped in Shendi for morning prayers around 5:30 a.m. on the way 
back to Atbara. While there he changed clothes and washed the 
rental car at approximately 6:30 a.m. He stated that he returned 
the rental car between 10:00 a.m. and 12:00 noon on January 1. 
When confronted with the prosecution's evidence, Abd Al-Basit denied 
any knowledge of the casings, car rental agreements, or toll 
receipts. When asked if he had made the statements, Abd Al-Basit 
responded, "No, those are the Intelligence Service's statements, 
specifically that man," and pointed to a bald man sitting on the 
dais between Judge Said and CID Director Major General Abdein. The 
FSNs later identified the bald man as a NISS representative on the 
investigative commission. Abd Al-Basit also informed the judge that 
he was arrested on February 1 and not February 25 as stated in the 
police report. 
 
¶10. (U) The statements produced by the prosecution indicated that 
the third defendant, Mohamed Osman, was the driver of the attack 
vehicle used on January 1. Police reported Osman was arrested on 
March 11 in Abu Sayed, Omdurman, and provided a video recorded 
confession on March 12 at the Khartoum North Court. When asked to 
confirm the statements read by the lead investigation were his, he 
responded, "No, those are the statements of the prosecutors, those 
devils." He also told the judge that he was arrested in Omdurman by 
NISS, and did not know anything about the weapons presented at the 
trial. 
 
¶11. (U) In defendant Abd Al-Ra'ouf's statement he said the group 
prepared for martyrdom by bathing, dressing, and applying perfume 
 
before departing Atbara on December 31: "We were expecting to see 
the next sunrise in heaven." Abd Al-Ra'ouf told the police that the 
group wanted to attack a New Year's Eve party where Americans were 
celebrating. He said they knew to look for holiday (Christmas) 
lights to determine who had not leave for the holidays, and were 
more likely to host a party. He told police there were no lights on 
at any of the residences they had surveilled. While driving around 
Khartoum the group spotted a vehicle with British diplomatic license 
plates. Abd Al-Ra'ouf said the group thought about attacking the 
British vehicle in retaliation for an incident at a Khartoum 
elementary school in which a British teacher had allowed her 
students to name a teddy bear "Mohamed." However, the area was too 
congested to launch an attack, and they later lost sight of the 
vehicle in traffic. 
 
¶12. (U) Abd Al-Ra'ouf claimed that he fell asleep in the backseat of 
the car while the group was looking for other targets, and woke up 
just as the attack on Abdelrahman and Granville took place. He told 
police that after the shooting, he said "Kabbarna" (the act of 
praising God by shouting "Allahu Akhbar" repeatedly). Abd Al-Ra'ouf 
told police that Makawi wanted to photograph Abdelrahman and 
Granville after the attack, and handed Abd Al-Ra'ouf a camera, but 
he claimed to have told Makawi that Islam prohibited the taking of 
photographs during jihad. He said that Makawi seemed to understand, 
and did not pressure him any further. Abd Al-Ra'ouf said in his 
statement that they fled Khartoum via the Menshia Bridge towards 
Hajj Yussef Sukuji. Although they intended to switch vehicles at 
the Banjadat Hospital parking lot, they noticed someone who appeared 
to be observing them. They drove both vehicles to the Khartoum 
North Hospital where they transferred their weapons and clothing to 
the Suzuki. 
 
¶13. (U) Abd Al-Ra'ouf told police that he had password access to 
El-Ekhlas and Hessiba websites where he drafted and posted a press 
release claiming responsibility for the attacks and announcing a 
jihad against Christianity. He said that he wrote that the killing 
of the two victims was justified because Granville was an infidel 
and Abdelrahman had sold his religion in exchange for money (i.e. by 
working for the US Government.) In his statement, Abd Al-Ra'ouf 
accused Sudanese government authorities of falsifying reports to the 
media that the killing was due to personal, immoral acts committed 
by Granville. The judge asked him to confirm that he made the 
statement to the police. Abd Al-Ra'ouf denied making the statement 
on his free accord, and told the judge that he was arrested on 
February 8 and not on March 11 as stated in the record. 
 
¶14. (U) The fifth defendant, Morad Abdelrahman told investigators 
in his statement that he did not know fellow defendants Mohamed 
Osman or Abd Al-Basit very well, although he and Abd Al-Basit were 
distant relatives. Morad told police that he rented a house in 
Atbara and paid two months' rent for Abd Al-Basit. He also admitted 
to introducing Abd Al-Basit and Mohamed to an individual known as 
"Al Rashidi" (a man from the Rashaida region in eastern Sudan known 
for its trade in weapons.) Morad said they met in the desert and 
that Al Rashidi was driving a pick-up truck. Morad said he walked 
away once he made introductions to allow Mohamed and Abd Al-Basit to 
negotiate with Al Rashidi. Morad told the police that Mohamed and 
Abd Al-Basit purchased two Kalashnikov rifles; one had a wooden 
shoulder stock and the second was metal. Morad claimed that Al 
Rashidi made them promise that the weapons would not be used against 
the government or in a robbery. 
 
¶15. (U) Morad also told investigators that on January 1 he saw Abd 
Al-Basit drive by and flagged him down as he was waiting for public 
transportation with a sick relative who needed to travel to the 
hospital in Shendi. Abd Al-Basit stopped and provided Morad and his 
relatives a ride to the Shendi hospital while on the way back to 
Khartoum to return the Hyundai rental vehicle. After his statement 
was read, Morad confirmed to the judge that it had been made of his 
own free will. He was the only defendant who did not say he was 
coerced, and the only one of the accused not present during the 
attack. 
 
-------------------------- 
Trial Adjourned Until 9/21 
-------------------------- 
 
¶16. (U) After the exhibits, documents, and statements had been 
presented for each defendant, the judge called the prosecution and 
defense panels together to adjourn and set the date for the next 
session. After ten minutes of deliberation, the judge set the next 
court dates for Sunday, September 21, and Monday, September 22. 
 
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Follow Up 
--------- 
 
¶17. (SBU) During the evening of September 11, the ARSO and TDY Cairo 
A/LAT met with Major General Abdein Tahir at his office to discuss 
his impressions of the trial. During their meeting, General Abdein 
related that the lead police investigator for the prosecution, 
General Abdelraheem, was directly threatened by Makawi (one of the 
defendants) after the September 11 trial session had adjourned. 
Makawi apparently told General Abdelraheem: "We know where you 
live, and we will get you." In addition, General Abdein recounted 
again the fact that Abdel Basit (one of the defendants) made a 
comment about Abdein's recent trip to the United States. General 
Abdein took this as an implied threat that the defendants were 
implying they had contacts within the government who supplied them 
with information regarding the day-to-day activities of high-level 
police officials. 
 
¶18. (SBU) The Embassy's EAC will convene on Thursday, September 18, 
to determine the appropriate level of participation at the next 
trial session. 
 
FERNANDEZ