VZCZCXYZ0000
RR RUEHWEB

DE RUEHKH #0557/01 1140928
ZNR UUUUU ZZH
R 240928Z APR 09 ZDK
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC 3616
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RHMFIUU/FBI WASHINGTON DC 0065

UNCLAS KHARTOUM 000557 
 
SENSITIVE 
SIPDIS 
 
DOJ FOR NATIONAL SECURITY DIVISION 
DEPT FOR M, P, L, AF, DS, AF/SPG, CA AND S/CT 
DEPT FOR USAID 
 
E.O. 12958: N/A 
TAGS: ASEC PTER PGOV SU
SUBJECT: MARCH 23 SESSION OF GRANVILLE/ABBAS MURDER TRIAL 
 
¶1.  (SBU) SUMMARY:  On March 23, 2009, five U.S. Embassy Foreign 
Service National (FSN) employees from the Regional Security Office, 
Political/Economic and Public Affairs sections attended the trial of 
five Sudanese men accused in the January 1, 2008 murders of USAID 
Officer John Granville and FSN driver Abdelrahman Abbas.  The 
defense panel called two witnesses to testify.  One is  an attorney 
at Adil Abdelghani's law firm who was involved in the request for 
the defendants' medical examinations.  The second witness is   an 
orthopedic surgeon who treated Muhanned Mohamed after he was shot 
while being apprehended.  The fifth defendant, Morad al-Sheikh, 
(whose attorney has not been present for several sessions) called 
two National Intelligence and Security Service (NISS) officers to 
testify.  Morad al-Sheikh's questioning of the first officer was 
intended to prove al-Sheikh was not a Muslim extremist. The officer 
confirmed that he would not characterize Morad al-Sheikh as a Muslim 
extremist.  Morad questioned his second witness about alleged 
torturing during the interrogation of the defendants.  The NISS 
officer denied ever witnessing any torture.  The next sessions are 
scheduled to occur on April 11, 12, and 13.  END SUMMARY. 
 
¶2.  (U) The trial of the five Sudanese men accused of the January 1, 
2008 terrorist murders of USAID Officer John Granville and FSN 
driver Abdelrahman Abbas continued on March 23, 2009.  The 
prosecution was represented by Chair Mohamed Mustafa Musa, Juma Al 
Wakul Al-Asir, Granville family attorney Taha Ibrahim, and Abbas 
family attorney Ismail Abu Sugra.  Defense attorneys Sidiq Kadoda, 
Ahmed Abu Agla, Jamal Altahir, and Wajdi Salih were also present. 
 
¶3.  (U) Although the defense yet again did not produce a written 
witness list as requested, they informed the judge there were only 
three defense panel witnesses remaining to testify.  Morad 
Al-Sheikh, the fifth defendant whose attorney was not present, said 
he intended to call two witnesses to speak separately before the 
court on his behalf. 
 
¶4.  (U) The first witness called to the stand was Ms. Amal 
Abdelghani, a 32 year-old attorney employed by defense attorney Adil 
Abdelghani's law firm.  Ms. Abdelghani testified that the defense's 
attempt for the accused to be medically examined for physical and 
mental torture was repeatedly blocked by the Government.  Ms. 
Abdelghani stated she submitted a written request and followed up 
twice with Judge Gushi on April 21 and 23, 2008, but was told the 
case file was with Deputy CID Director General Abdelraheem.  Ms. 
Abdelghani appealed unsuccessfully to Khartoum State Chief 
Prosecutor Babiker Abdelatif on April 24 and 27, 2008, but was told 
to return on May 1.  When she returned, Abdelghani said Babiker told 
her the request had been rejected, but to call back on May 4. On May 
4, Abdelghani said she met with Babiker's secretary who informed her 
that the Chief Prosecutor had not yet made a decision.  When she 
returned on May 5, Abdelghani was given a document entitled, 
"Refusal to Conduct Medical Examination for Torture," that the 
defense panel submitted as Defense Exhibit #6. 
 
¶5.  (U) After the Khartoum East Court denied the defense panel's 
initial request for an independent medical examination, they filed a 
petition that Ms. Abdelghani hand delivered to the Attorney 
General's office on May 7, 2008.  She returned on May 13, May 18, 
May 25, and May 26 to follow-up, but was told each time that it was 
still under review.  On May 28 she sent a written reminder, and 
returned to the Attorney General's office on June 2, June 8, June 
15, and June 19, but the AG still would not reply.  Ms. Abdelghani 
testified that the Attorney General finally rendered a decision on 
August 5, 2008.  In a document submitted as Defense Exhibit #8, it 
states the Attorney General determined "All confessions were made 
without coercion."  Ms. Abdelghani said the defense's final appeal 
was rejected on August 17, 2008.  By that time the case had already 
been referred to the court and the trial had commenced. 
 
¶6.  (U) The second defense witness called to testify was Dr. Mohamed 
Inayat, a 37 year-old orthopedic surgeon employed by Amal Hospital. 
(Note: Amal Hospital is widely-known to be owned and operated by the 
National Intelligence and Security Service.)  Dr. Inayat testified 
that Muhanned Osman Mohamed, the third defendant, was brought to 
Amal Hospital at 1:25 p.m. on February 9, 2008.  Dr. Inayat said he 
examined Mohamed at approximately 3:00 p.m. and found him to be in 
stable condition after having been shot in the thigh.  Inayat told 
the court the bullet entered the anterior portion of Mohamed's upper 
leg with a trajectory towards the posterior area of his thigh, 
indicating Muhanned Osman Mohamed had been shot from the front.  Dr. 
Inayat testified that he performed surgery to remove the bullet 
fragment, and oversaw Mohamed's care for his three-week stay in the 
hospital.  When cross-examined by the prosecution, Dr. Inayat 
confirmed Mohamed was handcuffed during his stay at the hospital, 
but that he never complained to him nor presented any symptoms or 
signs of injury related to torture. 
 
¶7.  (U) After the conclusion of Dr. Inayat's testimony, the defense 
panel informed the judge that their third witness, identified only 
as a clerk at Omdurman National Bank, had not yet arrived to the 
courthouse.  The judge agreed to proceed with the two witnesses that 
the fifth defendant, Morad Al-Sheikh, requested to call separately. 
(Note: Morad's attorney, Awad Allah Mohamed Ali, has not been 
present for several sessions.  According to Morad's previous 
testimony, Awad Ali is his uncle.) 
 
¶8.  (U) The first witness called by Morad Al-Shaeikh was NISS 
officer Omar El Numan Skeikh Aldein.  The defendant asked Aldein if 
he ever heard anyone refer to him as a "Takfir." (Note: Takfir 
wal-Hijra is a Muslim extremist group that emerged in the 1960s as 
an offshoot of the Muslim Brotherhood.  The group was responsible 
for 2000 and 2003 terrorist attacks in Khartoum, and its members 
have suspected affiliation with Al-Qaeda.)  Aldein denied that he 
ever heard anyone refer to Morad al-Sheikh as a Takfir.  Morad 
al-Sheikh then asked Aldein for the names of the NISS arrest team, 
but Aldein refused to provide them.  The prosecution objected, but 
the judge overruled and did not force Aldein to provide the 
identities of his NISS colleagues. 
 
¶9.  (U) The second witness called by Morad al-Sheikh was Abdelazeem 
Omar al-Hassan, a 37 year-old NISS officer.  Al-Sheikh pointed to 
defendant #1, Mohamed Makawi Hamid, and asked, "Have you ever seen 
him hanging from a ladder?"  Al-Hassan quickly responded, "That is 
not true!"  Granville family attorney Taha Ibrahim interjected to 
ask if al-Hassan had ever seen anyone hung from a ladder.  Al-Hassan 
responded that he works in the administrative section, which 
provides prisoners with meals, soap, toothpaste, and other supplies. 
 Due to being physically located in the administrative section, al 
Hassan said he had never seen anyone being tortured. 
 
¶10.  (U) At the conclusion of al-Hassan's testimony, Judge al-Badri 
informed the court that the next trial sessions would be held on 
April 12, 13, and 14. 
 
FERNANDEZ