The criminal court, presided by Judge Mohsen Alwan, began Tuesday 2nd November its first hearing session for the trial of the following defendants:
– Hisham Mohammed Asem, charged with killing a French citizen
– Anwar Al-Awlaqi, a fugitive
– Othman Al-Awlaqi, a fugitive
The indictment decision, cited by the court secretary, stated that the defendants have been embroiled in an armed movement targeting foreigners residing in Yemen, including the foreign staff of O.M.V. Company, with which the first defendant worked for as a subcontracted security guard. The defendants, in propria persona, were charged with committing a series of criminal acts.
The first defendant, Hisham Mohammed Mohammed Asem, has deliberately and unjustly killed Mr. Jacques Henri, a French national, when he was entering his place of work, whilst at the same time when the defendant was on shift.
Asem, the defendant, whilst working as a security guard at the main gate and loaded his firearm, and opened fire at the victim. The numerous resulting gunshot wounds body led to the death of Mr. Henri.
Asem proceed to fire at a second victim, who survived the attack.
The second and third defendants, Anwar Al-Awlaqi and Othman Al-Awlaqi, share the charge of abetting and encouraging Asem to commit the act.
After that the chief prosecution, Mr. Ali Al-Samet, cited the case, saying, «Yesterday, before this court stood a number of individuals of the armed criminal group who call themselves Al-Qaeda and have committed under this name many criminal acts which have damaged the interests of our country and forcing it to become a security target.”
He continued, saying: “Today, we present to you another group of this gang. One of them is Anwar Al-Awlaqi, who, yesterday, was working in US restaurants and bars and, today, has become central to shedding the blood of foreigners and security officials.”
The prosecutor summed up the events, saying: “Your honor, the facts of the case is in front of you. For years, the second defendant, Anwar Al-Awlaqi, has been inciting and encouraging the first defendant and other weak people to murder foreigners in the country with the aim of harming the reputation of Yemen locally and internationally.”
“He started the chapters of this case when the first defendant, Hisham Mohammed Mohammed Asem, conducted correspondence with the second defendant Anwar Al-Awlaqi via the Internet and through the e-mail of the defendant Othman Al-Awlaqi after a period of absence during which the third defendant was hired by the father of the first defendant.”
“The outcome of this correspondence was an agreement on a criminal plan of killing foreigners in the country, after the first defendant explained to the second defendant that he is unable to send him to one of the other States to kill them and ordered him to kill foreigners and security men in Yemen. As soon as the first defendant got a job at a foreign company with a multi-foreign-nationality staff, he ordered him to murder the foreigners in the company.”
“In the morning of the 6th October, 2010 and after the first defendant received his salary, he went to the company›s headquarters, received the automatic gun from the security guard (who finished his shift), checked the gun›s functionality and readiness to fire, and when the victim, Jacques Henri, entered the first floor of the company to do his job, he (Mohammed) aimed his gun at the victim and fired many shots, leading to his fall.”
“He, then, went to the second victim on the second floor and fired many times at him but did not die. The killer went to the guards› room, took shelter there and did not give himself up to the police until after his father came and intervened for delivering him to the security agencies.»
Al-Samet, chief of the prosecution, added, «The charges against the defendants are proven by many (witness) testimonies and physical evidence presented, in line with the defendant›s detailed confession of the charge against him, and by his testimony on the second and third defendants› order by encouraging him to murder foreign workers in the company.”
The coroner›s report says that the victim Jacques Henri died from the gunshots and the weapons forensics report has proved that the empty cartridges found do have a match, after examination by forensics specialists, to those used by defendant Hisham Mohammed Mohammed Asem.
The charges against the second and third defendants are also proven by information obtained from the electronic directory of the two defendants and from the CD preaches and correspondence with defendant Al-Awlaqi, published on the Internet, in which he incites people to kill the foreigners residing in the country, particularly in Arab and Islamic countries.
The court judge, Mohsen Alwan, gave a verdict that the two defendants must be announced as fugitives.