Retrial May Win Omar A New Life

KARACHI, July 16 (PNS): Notwithstanding the death sentence to Omar Sheikh and life imprisonment to three other co-accused by an anti-terrorism court judge yesterday, senior legal experts and Sindh police officials still believed that an official confirmation about the arrest of three other persons -- directly involved in the kidnapping and subsequent murder of Daniel Pearl -- may prompt the appeal court to remand the case back to the trial court for a fresh trial.

Legal experts said that in case of new arrests and fresh evidence, the appeal court would direct the trial court to record the fresh evidence and re-try the case on the basis of supplementary challan (indictment), which would become necessary in case of any developments in the case.

Although Marriane Pearl, the widow of Daniel Pearl, was informed by the FBI on May 20 -- only a few days before the birth of Danny's son Adam -- that the dismembered body found from a remote farm house in Karachi was that of her husband, the fact was neither officially announced nor the trial court was told about the recovery of the victim's decapitated body, informed officials confirmed.

Soon after the recovery of the dismembered body, the US FBI agents had obtained samples and dental x-rays for the DNA and other related tests. The results of these are usually available within 72 hours.

"The discovery of Pearl's body and the arrest of new suspects in this connection are enough for the appeal court to order de novo (fresh) trial," commented Mrs Ismat Mehdi, a leading attorney for criminal cases in Karachi. "Whatever the circumstances such a crucial development in the case should have been brought before the trial court without delay whatsoever."

A ranking official source has disclosed that the decision not to disclose the arrest of new suspects, discovery of fresh evidence and recovery of Daniel Pearl's body till the completion of the trial was taken at a high-level meeting of senior Sindh police officials held at the residence of the home secretary Sindh late on May 16.

The meeting was called after the government was informed by its legal aides that an official confirmation about the arrest of new suspects and the discovery of the victim's body meant a new trial which may devastate prosecution's prospects in the case. "The new suspects came with the new story which didn't tally the police's investigation and their arrest had came at a time when the prosecution has already exposed its strategy and witnesses to the defendants," explained a police official while defending the government's decision to keep the trial court in the dark about this crucial development in the case.

He said: "The decision taken at this representative gathering of law enforcement officials was later formally approved by Sindh Governor Mohammadmian Soomro and the federal law secretary, besides the top military officials in the province."

An informed official said that in line with the decision taken by senior Pakistani investigators, the United States government and Mrs Pearl also agreed not to publicly announce the results of the DNA test or to claim Pearl's remains from the government of Pakistan until the trial court announces its verdict.

"How long can you hide the arrest of the two people who actually had taken part in the slaughtering of Daniel Pearl in that room of the Gulzare Hijri nursery," questioned a Sindh police official familiar with Daniel Pearl case investigation.

Fazal Karim, a Lashkar-e-Jhangvi activist and an accomplice Omar (not Omar Sheikh) were arrested during a combing operation launched by the CID wing of the Sindh police following Sheraton hotel terrorist bombing that had left 12 French naval engineers killed in May.

Subsequent interrogation of Fazal Karim and Omar unveiled their direct role in the kidnapping and slaying of Daniel Pearl. Senior police officials said that Fazal Karim, a native of Bahawalpur had held Danny's head while the three Yemenis slaughtered his neck. These people had led the police to the grave site inside the farm house.

Fazal Karim had also surrendered the actual compact disc version of the film showing Pearl's head being severed from his body.

What worried the top Sindh police investigators of the Pearl case was Fazal's statement about the names of the characters involved in the kidnapping and subsequent murder of Daniel Pearl. "Fazal's version was a lot different from the case presented by the prosecution in the trial court," said an official. "He was absolutely confident that neither Omar Sheikh nor any of the 10 accused mentioned in the Challan had participated in the actual kidnapping and murder of Daniel Pearl."

Fazal had also provided graphic details about Pearl's kidnapping from outside the Village Restaurant and had negated the police version about Omar Sheikh's presence on the scene and the brand and colour of the car used in the kidnapping.

According to a senior official, Fazal Karim told his interrogators that top Lashkar-e-Jhangvi militant Atta-ur-Rahman alias Naeem Bukhari was responsible for bringing the Yemenis for the murder of Daniel Pearl and for holding Pearl at the farm house for about a week before deciding to kill him.

"Two aborted attempts by Daniel Pearl to escape from the farm house forced Bukhari to take a quick decision about his fate," Fazal told his interrogators. Fazal's accomplice Omar also provided a similar picture about Pearl's kidnapping and murder, but he had also cited no role for the four suspects convicted yesterday.

Like Fazal, Omar had also cited a direct involvement of Naeem Bukhari in the kidnapping and murder of Daniel Pearl. Both Fazal and Omar had also spoken about the role of another Lashkhar-e-Jhangvi activist Saud Memon in arranging the farm house where Pearl was kept since his kidnapping from outside the Village Restaurant near Avari hotel in downtown Karachi on January 22.

Like Fazal Karim, Omar, Naeem and Naeem Bukhari, there was no mention of Saud Memon's name in the list of 11 people who had been cited as accused by the police in the Pearl trial, whose verdict was announced in Hyderabad yesterday.

Several police officials said that Fazal and Omar's interrogation broadly helped police in busting the Lashkar-e-Jhangvi network that was involved in the murder of about 100 Shias in Pakistan.

Police investigators of the Pearl case made another breakthrough last month when they arrested Atta-ur-Rehman alias Naeem Bukhari from a hideout in Karachi. Bukhari, according to police sources, has already confessed to his involvement in the Pearl's kidnapping and murder.

Bukhari was separately wanted by police, along with Akram Lahori (who was also arrested as a result of the current campaign against religious terrorists) for his role in target killings of prominent Shias all over Pakistan.

As a result of a nationwide crackdown against Lashkar-e-Jhangvi, police have reported arrests of Jhangvi militants from Sindh, Punjab and NWFP. A large quantity of weapons and ammunition was also recovered during raids at Lashkar-e-Jhangvi hideouts.

Police officials said that Fazal Karim, Naeem Bukhari and Omar are currently being held under the maintenance of public order (MPO), a preventive law that gives police sweeping powers to arrest crime suspects or anti-government political elements. Officials said a strategy is being worked out to lodge formal charges against them.

While the lawyers for Omar Sheikh and three other religious militants prepare appeals for the Sindh High Court against the anti-terrorism court verdict in the Pearl case, the prosecutors and top Sindh police officials are examining various options to combine the two sets of arrests headed separately by Omar Sheikh and Naeem Bukhari to present a solid case that may earn conviction against all accused in the Pearl kidnapping cum murder case.

What worried the top Sindh police investigators of the Pearl case was Fazal's statement about the names of the characters involved in the kidnapping and subsequent murder of Daniel Pearl. "Fazal's version was a lot different from the case presented by the prosecution in the trial court," said an official. "He was absolutely confident that neither Omar Sheikh nor any of the 10 accused mentioned in the Challan had participated in the actual kidnapping and murder of Daniel Pearl."

Interesting that Pearl was killed because he had the audacity to try to escape. Guess the "beheading video" was just an afterthought.

So here's the shape we're in many, many months after the beginning of this vaunted "4-day trial" that would lead to the quick execution of Sheikh Omar--Muslim mastermind of Daniel Pearl's kidnapping and murder.

Fox News mentioned yesterday that--let alone a new trial--the appeals in Omar's case could last a year or more.

How can Pervez allow this farce to continue? Or does his operating under the flag of "The Islamic Republic of Pakistan" have something to do with prolonging this bogus judicial sideshow?

"The discovery of Pearl's body and the arrest of new suspects in this connection are enough for the appeal court to order de novo (fresh) trial," commented Mrs Ismat Mehdi, a leading attorney for criminal cases in Karachi. "Whatever the circumstances such a crucial development in the case should have been brought before the trial court without delay whatsoever."

So the appeal and possible re-trial is now based on the wrong-doings of the United States government and Mrs. Pearl.

These guys can't get much cuter.

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