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We interrogated Pakistani national on 26/11: FBI agent

Staff Reporter

Questions disallowed; "evidence is hearsay"

FBI probed money transfers to CallPhonex
The U.S. agency files report in court

MUMBAI: The Federal Bureau of Investigation (FBI) interrogated a Pakistani national in connection with the death of six American citizens in the November 26, 2008 Mumbai terror attacks.

A special agent of the FBI, deposing in the 26/11 trial on Thursday, told the special sessions court here that the agency would initiate an investigation when Americans were killed outside the U.S. Thus, for its citizens killed in the terror attack, the agency registered a case in its Los Angeles office.

During cross-examination, the witness, whose name could not be revealed because of a court order, said the agency had interrogated a Pakistani national. However, "it is not proper for me to disclose the name," he said.

The FBI received a Letter Rogatory (LR) from the Additional Chief Metropolitan Magistrate, Mumbai, on February 10, 2009. It also received five Global Positioning System (GPS) devices and a Thuraya satellite phone and a compact disc. On February 18, 2009, the FBI, in response to the LR, submitted a fivepart report, copies of which were produced in the court on Thursday.

The FBI probed the money transfers to CallPhonex through MoneyGram and Western Union Money Transfer. The witness could not comment on whether the FBI was suspicious of the owner of CallPhonex, whose communication service the terrorist used.

The Mumbai crime branch and the FBI have been exchanging points of investigation according to the Mutual Legal Assistance Treaty 2005 between India and the U.S.

Paper correspondence between the FBI and the magistrate's court took place through diplomatic channels - the Indian Embassy and the U.S. Department of Justice.

FBI officials were present in the court. Special Public Prosecutor Ujjwal Nikam said they would stay in the city for the next few days.

The examination of the witness led to much debate in the courtroom with judge M.L. Tahaliyani disallowing most of the questions posed to him as the evidence amounted to hearsay.

The court thwarted the prosecution's attempts to probe the FBI findings on the email account of Kharak Singh - a fictitious name - with Yahoo.Inc. It observed that the testimony from a Yahoo representative would constitute credible evidence, rather than that of a police officer.

The FBI witness said the agency probed the email address kharak_telco@yahoo. com. After he mentioned about the IP (Internet Protocol) address of the account, the judge said: "This IP address cannot go on record. This is hearsay evidence. How can I take this evidence, Mr. Nikam?"

Defence lawyer Abbas Kazmi also objected to some of the prosecution questions "as it may lead to the recording of hearsay evidence."

The proceedings saw a heated argument between Mr. Tahaliyani and Mr. Kazmi. The judge asked Mr. Kazmi to mind his speech in court.

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