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FM AMEMBASSY KUWAIT
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INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
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C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 000949 
 
SIPDIS 
 
NEA/ARP 
 
E.O. 12958: DECL: 08/13/2019 
TAGS: PREL CJAN KTIA KCRM KU
SUBJECT: REGIONAL DOJ ATTACHE DISCUSSES FUGITIVE/BRIBERY 
CASES WITH MINISTRY OF JUSTICE 
 
Classified By: DCM Tom Williams for reasons 1.4 b and d 
 
¶1. (C) Summary: During a September 29 meeting, Cairo-based 
Department of Justice Attach Jeffrey Cole, accompanied by 
RSO and Poloff, turned over to Ministry of Justice Counselor 
Najeeb Mulla Mohammed files pertaining to the case of Munirah 
Al-Tarrah, a fugitive Kuwaiti/U.S. dual citizen sought in 
Arizona following her conviction in a fatal 2005 hit-and-run 
incident. Kuwait plans to try Al-Tarrah separately, a step 
that is hoped would remove impediments to approving a Mutual 
Legal Assistance Treaty (MLAT).  On a separate matter, Cole 
told  Mohammad that he is seeking bank records related to an 
investigation into charges against Amcit Terry Hall, a former 
civilian contractor indicted in 2007 for soliciting bribes 
from military contractors, and hopes to have these available 
in the near future.  End Summary. 
 
-------------------------------- 
Munirah Al-Tarrah fugitive case 
-------------------------------- 
 
¶2. (C) During the meeting with Najeeb R. Mulla Mohammed, 
Counselor in MOJ's Department of Criminal Implementation and 
External Communications, Cole raised the case of Munirah Ali 
Al-Tarrah, a Kuwaiti/American dual national who was charged 
with having killed Amcit Todd DeGain on September 14, 2005 
with her vehicle while driving under the influence.  Al 
Tarrah was apprehended and charged with fleeing the scene of 
the accident (it was subsequently determined that DeGain had 
wandered onto the road, causing the accident).  Released on 
bond, she subsequently fled the U.S. and returned to Kuwait, 
where she has since resided as a fugitive under an Interpol 
red notice.  An Arizona court subsequently convicted 
Al-Tarrah in absentia. The GOK now seeks to prosecute 
Al-Tarrah, daughter of a prominent Kuwaiti journalist, in 
Kuwait and would like to reach an agreement under which 
Arizona will agree to dismiss its sentence and approve any 
sentence the Kuwaiti court hands down.  Such a resolution 
would pave the way to move forward with plans to secure a 
bilateral Mutual Legal Assistance Treaty (MLAT).  During the 
meeting, Cole noted that a five-person GOK delegation met in 
Washington on July 29 with representatives from State and 
Justice and also with a prosecutor from Maricopa County in 
Arizona, the location of the accident, to discuss these 
issues.  Cole noted that Arizona prosecutor Sally Wells, who 
participated in the July 29 meeting, declined to guarantee 
that Arizona would approve any sentence handed down by a 
Kuwaiti court, but agreed to turn over to the GOK the 
complete Arizona prosecutor's file in this case for its 
consideration.  Cole provided these files to Mohammed during 
the September 29 meeting.  In handing over the files, Cole 
emphasized that Arizona retains the option to maintain its 
own conviction against her and to decline a sentence handed 
down by a Kuwaiti court; it could also decline to seek 
dismissal of an Interpol red notice against her.  Counselor 
Mohammed told Cole that the GOK understands that Arizona 
retains this option and said he would begin arranging for the 
translation of the case files into Arabic for the Kuwaiti 
courts. 
 
------------------------ 
Terry Hall bribery case 
------------------------- 
 
¶3. (C) Cole and Mohammed next discussed the case of AmCit 
Terry Hall, a civilian contractor indicted in 2007 for 
soliciting bribes from U.S. military contractors.  Hall's 
indictment charged that, in 2005, while working as a civilian 
contractor in Kuwait, he bribed two U.S. Army officers with 
money and jewelry to help secure multi-million dollar deals 
to supply bottled water and fencing materials to a U.S. 
military facility at Camp Arifjan.  Following his indictment, 
a federal grand jury in September 2008 returned a superseding 
indictment against him and an investigation into the case 
continues.  The USG, Cole noted, now seeks to obtain Hall's 
Kuwaiti National Bank (KNB) records as part of that 
investigation.  Mohammed told Cole that the GOK will 
communicate this information to KNB and expects to receive 
Hall's records "within the next few weeks." Mohammed promised 
to notify both Cole and RSO as soon as he received these 
records. 
 
----------- 
Comment 
----------- 
 
¶4. (C) That the GOK is considering moving forward to try 
Al-Tarrah is a welcome development and the sharing of the 
Maricopa County prosecutor's files on this matter should 
 
KUWAIT 00000949  002 OF 002 
 
 
provide ample grist.  Given differences in legal systems, 
however, it is as yet unclear as to what verdict a Kuwaiti 
court might pronounce on such a case let alone what 
punishment it might impose.  The process has moved forward as 
a result of this meeting, but the ultimate outcome -- and 
whether such an outcome would meet Arizona expectations and 
consequently pave the way for forward movement on an MLAT -- 
remains uncertain.  End Comment. 
 
********************************************* ********* 
For more reporting from Embassy Kuwait, visit: 
visit Kuwait's Classified Website at: 
 
http://www.intelink.sgov.gov/wiki/Portal:Kuwa it 
********************************************* ********* 
JONES