The Star has publicly stated that the sources for the story are impeccable. If their identities were exposed, it would not just be ablow for press freedom; it would be a victory for Al-Qaeda.

The Media must be supported against intimidation by the State. It isimportant to preserve press freedom and in particular when the storyreported is in the Public interest.  It is in the public interest forKenyans to know that suspect's files can be ‘lost' by the Kenya Police.

The Star is right. Protect your sources. Let the police explain howthey lost the files. We wonder whether the Goldenberg files are stillintact since the files are in police custody or maybe not they couldhave disappeared. The story in The Star is in the public interest. Asalways we stand by our media, our public watchdog, when they act in thepublic interest.

Mars Group Kenya

THE STAR 20 July 2009

POLICE LOSE VITAL FILES ON AL-QAEDA

BY ANDREW TEYIE and MAINA KAMORE

FOR the second time in six years, Kenyan police officers have lostthe files of one of the world's most wanted terrorists, Haroun FazulAbdullah Mohammed, raising doubts over the integrity of the securityservices.

Fazul is wanted for the 1998 bombing of the US Embassy in Nairobi and the 2002 bombing of Paradise Hotel at Kikambala.

It also appears that Fazul was the target of the botchedassassination attempt in January 2007 that led to the cancellation of acovert CIA assassination project, exposed last week in the USA.

Foreign intelligence officials are said to be deeply concerned thatsuch a high value target as Fazul can apparently be protected fromwithin the Kenyan security system.

Officers from the Kenya Anti Terrorism Police Unit have nowmisplaced crucial evidence collected from the Malindi residence whereAl-Qaeda mastermind Fazul was hiding last year, according tomultiple sources.In 2003, police lost a comprehensive file of forensicevidence that had been prepared by Israeli police to support theprosecution of the suspects in the Paradise hotel bombing and attemptedshooting down of an Israeli tourist plane in Mombasa.

In both cases, there have been allegations that the files were soldcheaply. The price was allegedly Sh2.5 million in 2003 and Sh15 millionthis year. This has been denied by the police.

The American Central Intelligence Agency has offered a bounty of $5million (Sh400 million) for information leading to the arrest of Fazul.

In early August 2008, police swooped on a house in Malindi whereFazul had been living only to find he has just left. Food was still onthe table and the TV was switched on.At the time, there a strongsuspicion that someone in the security services had tipped him off thatthe Anti Terrorism Police Unit was about to arrest him.

Now a dossier containing evidence accumulated after the August 2008raid has gone missing. The file included DNA results from Fazul's hairand fingerprints found at the scene by a combination of local andinternational police officers.

An autobiography which Fazul was writing on his laptop has alsovanished. The autobiography detailed how he lived in Runda with hiswife and children as a cover up while preparing for the attack on theAmerican embassy in 1998 which killed 254 people, mostly Kenyans.

The missing dossier also contained email communications, a coded newemail account, a certificate of a phone data print out, and Fazul'sflash disk. Two passports were found in the Malindi raid but the security services do not know for certain that the photos were of Fazul.

" The data has proof of Fazul's role in Kikambala bombing in Kenya," stated the Star source.

It is believed that five police officers were behind the payout torelease the evidence in a scheme that endangers the lives of Kenyansand visitors.

Local and international security agencies believe Fazul is alQaeda's most highly trained and most senior operative in the Horn ofAfrica. He trained with Osama bin Laden in Afghanistan and is said tobe an "expert document forger and bomb builder" as well as a computerexpert.

Police officers close to investigations say that the phone data was crucial to unravelling Fazul's complex web of associates.

"The phone had been used to coordinate the attack with the suicidebomber,Harun Bamusa, in Mombasa", stated a source well versed with thecase.

Over the weekend Police spokesman Erick Kiraithe denied that therewas any loss of evidence. He declined to comment further saying thatthat issues relating to terrorism could not be discussed in the media.

"These issues cannot be discussed in the media. They are verysensitive and must be handled with confidentiality," stated Kiraithe.

Fazul fled the country after the embassy bombing but slipped backinto Kenya in 2001 through the remote island of Siyu off the Lamuarchipelago, from where he plotted the attack on the Paradise Hotel inKikambala in 2002.

Some sources say that Fazul may have had plastic surgery and now behiding in the Comoro Islands where he was born in 1974. He has bothComoran and Kenyan citizenship.Yesterday, multiple sources said the DNAresults on hair samples of the chief suspect were taken to thegovernment chemist for analysis and the findings presented to the ATPU.

The ATPU were presented with ballistic analysis of grenades andfirearms that had been confiscated from terror suspects arrested inMombasa last year.Yesterday detectives who spoke on condition ofanonymity said senior officers at police headquarters and in ATPU hadremoved the evidence.They claimed that five police officers have beenpaid Sh15 million.

After Fazul escaped, an embarrassed police force dashed to court tocharge Mahfudh Hemed Abubakar, Ms Luftiya Abubakar Bashrahil and theirson, Ibrahim Mahfudh Ashur, with helping Fazul escape arrest. The casecollapsed for lack of evidence.

Fazul is still wanted for being the mastermind behind the attack onthe Paradise hotel in Kikambala in September 2002 which killed 15Israeli tourists and the simultaneous firing of two missiles at an Israeli tourist plane as it took off.

Israel immediately sent their own high level police investigationteam which then provided Kenyan police with a complete forensic fileincluding fingerprints, voice recordings and chemical analysis.

Israel believed that this file would be sufficient evidence forprosecution but by the time the trial began, the forensic file had gonemissing. The police tried to reconstruct the file but it could only bepartial.Said Saggar Ahmed, Aboud Rogo Mohammed, Salmin Mohammed Khamis,Kubwa Mohamed and his son, Mohamed Kubwa, were charged with murder.

Subsequently the police prosecutor's only evidence in 2003 was therecord of an alleged intercepted phone call from Fazul to one of thedefendants. The case against two defendants was dropped completely andthe case against the other three amended. That case too collapsed in2005 for want of evidence.

Israel was furious at the disappearance at the loss of the forensicfile after a police officer was allegedly paid Sh2.5m to lose it ordestroy it.

Soon after the initial trial collapsed in May 2003, Israeliambassador Yaacov Amitai hinted at the fiasco when he complained at theIsrael national day celebrations that this was an unacceptable way tohandle national security. He was criticised by some politicians and thecommentators for interfering in Kenyan sovereignty.

Last week in the United States, former vice-president Dick Cheneywas sharply criticised for authorizing without Congressional approval acovert CIA scheme to assassinate al Qaeda operatives around the world.The programme was terminated after an "embarrassing" failed attempt toassassinate an al Qaeda operative in Kenya.

It seems probable that the botched assassination was an attemptedhit on Fazul. In January 2007 a US Air Force AC-130 gunship targeted"the principal al-Qaeda leadership in the region", according to thePentagon Somali government officials initially confirmed that Fazul hadbeen killed in the airstrike in Ras Komboni but this was later deniedby the US ambassador to Kenya Michael Ranneberger. At least 70 Somalinomads were killed in the attack.

The CIA set up the covert programme so that they did not have totell governments of their assassination plans, because they werecompromised or they could not be trusted with the information.

ends

THE STAR 21 JULY

STAR EDITORS QUIZZED OVER FAZUL STORY

BY STAR REPORTER

THE Star Investigation Editor Andrew Teyie and crime reporter MainaKamore were yesterday grilled for three and half hours by the KenyaAnti Terrorism Police Unit over a Monday story about the police losingvital files on Al Qaeda.

The two journalists were accompanied to ATPU headquarters by lawyerPaul Muite, Star Editor Catherine Gicheru and Political Editor PaulIlado.

Gicheru and Ilado had already been to ATPU headquarters on Tuesdaywith Muite where they stated that all the available information was inthe Monday story and there was nothing more to add.

Teyie and Kamore were summoned yesterday to answer an allegedoffense of ‘destroying evidence' contrary to section 116 of the penalcode.They were interrogated by ATPU Nairobi boss Charles Ogeto and twoother officers, Mwaniki and Mwiti.The entire interrogation wasvideotaped and ended with the two journalists recording a shortstatement after which the ATPU officers said they will recall them sometime later."They have taken us round and round. One of them is outrightrude," stated an officer who was videotaping the questioning.

Monday's front page story said that the ATPU had lost the dossier ofevidence accumulated after the raid on Fazul's hideout in Malindi lastyear. The story said the security services had also lost a speciallyprepared Israeli forensic file on Fazul and the Kikambala bombings in2003. The story said that there were claims that the files had beensold but this had been denied by police.

The story quoted ‘multiple sources' in the security services.

When the journalists arrived at 2.30pm, there was an initialstand-off as the police demanded that Muite, Ilado and Gicheru leavebefore they started the questioning. While Ilado and Catherine left theroom, Muite insisted on staying.

"The right of counsel starts now. That is in the constitution," Muite told Mwaniki.

Mwaniki and Ogeto then went to consult ATPU commandant NicholasKamwende and were joined by an investigator identified as Mwiti.Another officer Murumbi remained with the suspects.

After 30 minutes, Mwaniki returned and handed Muite a phone. Thephone call was from Kamwende who demanded that Muite leaves before theinterrogation starts.Muite told Kamwende that the days of intimidationdisappeared with the one party state.

" Mr. Kamwende this is something I am ready to argue with you aboutin court. You cannot deny my clients the right of counsel. I am thecounsel. I am not interfering with the interview. And if my clientswant to ask me whether they should answer a question or not, they arefree," stated Muite.

At this juncture, Muite handed over the phone to Mwaniki who thenleft. When Mwaniki reappeared, he said they were consulting." You haveintroduced another game plan, which we were not prepared for. Now wehave to use another method. It will take at least ten minutes before westart," stated Mwaniki.

When they returned after 15 minutes, they were armed with a video camera to record the interrogation by Ogeto and Mwiti.

Teyie was first grilled for two and a half hours and then Kamore wasinterviewed for less than an hour."They sought to know the sources,whether we were in possession of the evidence or seen the evidence, whoedited the story and at what stage they handled the story, why weintroduced the Israel angle into the story,whether we have read Fazul'sautobiography, whether we sought a right of reply from Kamwende and atwhat stage we called the Police Spokesman Erick Kiraithe," stated Teyie.

Teyie told them that the story was factual and refused to reveal hissources. He told them that his sources did not give him names of thepolice, who shared the money as reported.

He also told them that he has nothing to add to what was published in the newspaper which is now public knowledge.

They officers put the newspaper on the table and asked Teyie to gothrough each paragraph.Kamore told them that he could not rememberwhich parts of the story he handled.He said he first called Kamwende,who failed to pick his phone , after which he called Kiraithe for acomment. Kiraithe said he could not comment on sensitive securitymatters.

Kamore told them that all he had to say was in the newspaper andnothing else. He asked to exercise his constitutional right to silence.

At around 6.30pm the release order came along with a promise that they will be called back.

Ends

STAR STORY AUGUST 3, 2009

STAR EDITORS SUMMONED TO MOMBASA BY POLICE

By Star Reporter

TWO journalists and the editor of The Star have been summoned by aMombasa court to "explain" how they got information about how thesecurity services twice lost files on al Qaeda's top regional operativeFazul Abdullah Muhammad.

The Star July 20 front page story said that the Anti TerrorismPolice Unit had lost the dossier of evidence accumulated after theabortive raid on Fazul's hideout in Malindi last year. The story saidthe security services had also lost a specially prepared Israeliforensic file on Fazul and the Kikambala bombings in 2003. The storyquoted ‘multiple sources' in the security services.

On July 21, the authors of the story, Investigation Editor AndrewTeyie and Crime Reporter Kamore Maina, were questioned for severalhours by the ATPU who wanted them to disclose their sources. They wereaccused of ‘destruction of evidence'.

The writers and Star editor Catherine Gicheru are now expected toappear before the senior resident magistrate's court in Mombasa onAugust 12.

Last week, the police prosecutor in a case where three familymembers are facing charges of allegedly hosting Fazul asked seniorresident magistrate Michael Kizito to summon the Star editor and thetwo writers.

Superintendent Dominic Mate said the journalists had shown contemptto the court by allegedly commenting on the case against Mahfudh AshurHemed, his wife Luftiya Abubakar Bashrahil and their son IbrahimMahfudh Ashur who have denied hosting Fazul on unknown dates betweenDecember 2007 and August last year. The family members are expected incourt on August 12 when their case will be mentioned before hearingresumes on October 7.

Yesterday, Paul Muite, who is representing the Star journalists, said he would challenge the legal basis of the summons.

"It cannot be contempt of court to say that a file has gone missing.We were not commenting at all on whether the accused were guilty orinnocent. Furthermore revealing our sources has nothing to do with thealleged contempt of court, and we have no intention of revealing them",said Star Editor Catherine Gicheru yesterday.

The summons were served on the journalists on Friday, coincidentallythe same day that the body of a prominent city businessman suspected ofassociating with Fazul was dumped on a Nairobi Street.

Awol Sharif Muhammad was arrested with his two sons and daughter onAugust 20 last year at his Loresho home on suspicion that they werehiding Fazul.

Muhammad and his children were released after questioning at ATPUheadquarters. The police said it was a case of "mistaken identity.

Close relatives and associates claimed the prominent Eastleighbusinessman might have been killed elsewhere and dumped at theintersection of the link road to the University of Nairobi and UhuruHighway adjacent to the pedestrian tunnel.

Family sources speculated that the cause of death could have beenstrangulation as there were marks on the neck. Awol was buried the sameday according to Muslim custom before a post mortem was conducted.

Sources at Central Police Division confirmed having recovered thebody on Friday morning. The police believe that Sharrif might have been knocked down by a speeding car late on Thursday night.

"It appears he had parked his car on one side and was crossing theroad to get to it when he was killed," said a junior officer.

Ends

STAR LEADER

AUGUST 3, 2009

Protecting sources in national interest

TWO Star journalists have been summoned to appear in the Mombasamagistrates court to "explain how they got the contents" of a storypublished in the Star of July 20 (see page 1).

The story reported that the security services had two lost files onMohammed Fazul, al-Qaeda's top regional operative, in 2003 and thisyear.

The story was prepared after the Star contacted multiple security sources. The police spokesman had the opportunity to rebut the story but declined to comment for security reasons.

Two weeks ago, the Star journalists were called to the offices ofthe Anti Terrorism Police Unit in Nairobi accused of "destroyingevidence". The police wanted to know the Star's sources. The journalists refused to reveal them.

Now the journalists have been summoned to Mombasa to explain in court. This is wrong.

Firstly, it is harassment. Why not the Nairobi Magistrates Court?

Secondly, journalists should never reveal their sources. This precedent has been established by the Kenyan High Court.

Thirdly, it is not in the national interest that the sources berevealed. If the security services have been compromised, it is onlyal-Qaeda who will benefit if the sources who exposed them are publicly revealed.