Regarding the prosecution of 26/11 terrorists in Pakistan, Ms Anne Patterson:
Important evidence that links Lakhvi, Shah, and al Qama to the Mumbai attacks remains in the hands of the GOI and the FBI. As previously reported, the FBI awaits GOI approval to pass the evidence it holds to the GOP.
¶7. (C) The GOP has hired a distinguished private attorney Malik Noon to lead its prosecution. The FBI's National Security Law Branch has sent attorney Brian Schilling to help the GOP with evidentiary issues in its prosecution. Schilling will meet with Noon on May 14 to discuss introducing third-country evidence and other procedural hurdles.
STILL WAITING FOR INDIAN EVIDENCE
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¶8. (C) On May 5, DCM Feierstein contacted Charge Burleigh in New Delhi to request his help in urging the GOI to pass relevant evidence to the GOP. On May 6, Charge Burleigh met with Indian Foreign Secretary Menon and raised the evidentiary cooperation question. Menon replied that the GOI had already requested court permission to send all the documents requested by the GOP. Menon said the Indian judge would proceed at his own pace but that he thought the request was non-controversial and would be granted. Charge Burleigh noted the urgency of the court deadline, and Menon smiled and said he knew of that, but that it was not true that introducing additional evidence after that period (when the charge sheet is submitted) was unusual or difficult. Menon added, "we have the same system and we know how their courts work." Despite Menon's statement, Charge Burleigh pressed for urgent action, but received no firm commitment.
¶9. (C) The GOI has also repeatedly told the GOP that it has already passed all relevant evidence, however, none of the evidence passed to the GOP is judicially certified and thus is inadmissible. For example, the fingerprints of the Mumbai attackers passed to the FIA are blurry photocopies of the original fingerprints. These fingerprint photocopies are neither admissible in court nor can they be used to match fingerprints in Pakistani custody. Based on meetings with Indian Deputy High Commissioner Vohra in Islamabad and information from Legat New Delhi, a possible high-level GOI lack of understanding of evidentiary requirements may be influencing the GOI response to GOP requests.
¶10. (C) The most important items that the FIA or FBI still need (in judicially certified form) from the GOI: -Certified copies of all evidence already passed to the GOP, including forensic analysis, fingerprints, and confession statements -Full interrogation reports of Sabahuddin and Ansari, Indian conspirators in custody -Complete copies of the voice recording of the controllers and attackers during the incident -Sample of Pink IED Box