Ruling on Kenyan terror trial

2005-05-19 14:58

Nairobi - A High Court judge is expected to rule on Thursday on whether four Kenyan men charged with murder for their alleged roles in an al-Qaeda car bombing of an Israeli-owned hotel in Kenya can go free.

Under Kenyan law, a judge can acquit defendants after the prosecution has finished presenting its case and before the defence arguments begin if he finds the prosecution case was insufficient.

Omar Said Omar, Mohammed Nabhan, Aboud Rogo Mohammed and Mohammed Kubwa — who have all pleaded innocent — are accused of murder in connection with the November 28 2002, attack on the Israeli-owned Paradise Hotel north of the Indian Ocean port of Mombasa. The attack killed 15 people, including three Israeli tourists.

Al-Qaeda has twice struck Kenya. The trial, along with another of three other suspects being tried for conspiracy, were the first attempts by authorities in the East African country to seek convictions against alleged terrorists.

During the trial in the hotel attack, defence lawyers said prosecutors failed to present evidence linking the suspects to the attack, and charged that the trial was the result of "pressure from America, Britain and Israel for Kenya to take action" — an allegation Kenyan officials deny.

Osama bin Laden's al-Qaeda terror network claimed responsibility for the attack, and for a near simultaneous attempt to shoot down an Israeli charter airliner taking off from nearby Mombasa airport. The shoulder-fired missiles narrowly missed the aircraft.

Three other Kenyan suspects are being tried on charges of conspiracy for their alleged roles the hotel and United States (US) Embassy bombings, the attempt to shoot down the airliner and an alleged plot to destroy the new US Embassy in Nairobi last June.

- AP