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Sunday 1 December 2002

New Saudi ambassador summonsed over Sept 11
By David Wastell, Diplomatic Correspondent
(Filed: 01/12/2002)

An American court has issued a summons against the next Saudi
Ambassador to Britain alleging that in his previous job he helped to
fund Afghanistan's Taliban regime while it was sheltering Osama bin
Laden, lawyers said yesterday.

The summons has been issued to Prince Turki al Faisal, the former
head of Saudi intelligence, ordering him to respond to a
compensation claim for more than $600 billion (£400 billion) brought
by the families of victims of last year's September 11 terrorist
attacks.

The development will cast a shadow over Prince Turki's
appointment which, The  Telegraph has learnt, will be announced in
Riyadh within the next few days, after a six-week delay. Uncertainty
within the British Government over his appointment was resolved
only last week.

Yet Foreign Office officials yesterday still refused to confirm that
Prince Turki, 57, was even a candidate. Saudi diplomats were
equally reticent. The matter was "still being considered" an official
said.

The previous Saudi ambassador to Britain, Dr Ghazi Algosaibi, was
recalled to Riyadh in September after widespread fury at poems and
public comments by him apparently sympathising with Palestinian
suicide bombers.

Prince Turki, who courted bin Laden during the Soviet occupation of
Afghanistan and maintained close contacts with the Taliban regime,
was replaced as the Saudis' head of intelligence two weeks before
the September 11 attacks, after almost 25 years in the post.

Earlier this year, he said bin Laden had become "one of the most
violent and, I think, one of the cruellest killers in modern history".

The expected appointment of the Oxford-educated prince is popular
with British diplomats, who regard him as an influential figure within
the Saudi royal family. However, Prince Turki's inclusion in what is
likely to be a protracted American lawsuit means that he is likely to
spend his posting to Britain fending off questions.

His summons, issued on October 29 but not yet served, follows
growing anger in the United States at what many claim as collusion
between Saudi Arabia's rulers and extreme Islamic groups.

Prince Turki, who has made no public comment on the lawsuit, is
being ordered to respond to a federal court in Washington DC,
along with two fellow Saudi princes and dozens of other individuals -
including members of the bin Laden family - banks and charitable
organisations. If he fails to defend himself he risks being ruled
against by default.

A court judgment against him could eventually lead to an order to
pay compensation, and his financial assets in many countries,
including Britain, would be at risk. Because the action is a civil rather
than a criminal case, and because it takes place outside Britain, US
lawyers say he would not be shielded by diplomatic immunity.
However, Prince Turki cannot be compelled to appear in court and
there is no possibility of extradition.

The issue of the summons is a significant escalation of the legal
actions begun in America by victims and survivors of the al-Qa'eda
attacks, and comes three months after parallel cases were launched
in New York and Washington courts. The first summonses have
been served on at least 26 defendants in an action brought by 3,000
victims and their relatives, and a further 87 summonses have been
issued but not yet served.

Legal advisers are exploring how best to serve the summons on
Prince Turki, who is currently in Saudi Arabia. William Riley, an
Indiana lawyer involved in processing the summons, said the task
would be simpler if the prince takes up his posting to Britain. "We
need only deliver the summons to the Saudi embassy in London,"
he said.

Once a summons has been officially served, lawyers say, "the clock
starts ticking" on the legal process which could lead to defendants
being forced to pay compensation.

Most of Prince Turki's contacts with bin Laden came during the Cold
War, when Islamic resistance fighters were seen as allies of the
West against communism. He has admitted to a series of meetings
with bin Laden inside Afghanistan, but says that he shared
intelligence information with the CIA and later attempted to negotiate
the al-Qa'eda chief's arrest and extradition to Saudi Arabia.

The victims' complaint to the Washington court, however, alleges
that the prince, as the head of intelligence, made a deal with the
Taliban during a meeting in 1998. They claim that he dropped the
extradition attempt and pledged Saudi aid to the Taliban in
exchange for an agreement that bin Laden would not target the
Saudi government. The al-Qa'eda attacks on US embassies in
Nairobi and Dar es Salaam came two months later.

Allies of Prince Turki insist that the attempt to extradite bin Laden
was scuppered by America's missile attack on al-Qa'eda training
camps inside Afghanistan, in retaliation for the embassy bombings.

The Saudi royal family is well-known for its generous contributions
to charity, which sometimes backfire.

Last week Prince Turki came to the defence of his sister, Princess
Haifa al-Faisal, the wife of Prince Bandar, the Saudi ambassador to
Washington, after allegations that some of the £33,000 she gave to
the wife of another Saudi to help with medical bills ended up
indirectly financing al-Qa'eda terrorists.

She said that "accusations that I contributed funds to terrorists
areoutrageous and completely irresponsible".

In an interview with CNN in Saudi Arabia, Prince Turki refused to
discuss the lawsuit but denied that members of the Saudi royal
family would knowingly give money to al-Qa'eda. "al-Qa'eda is
targeting the kingdom [of Saudi Arabia]. al-Qa'eda has done terrorist
operations in the kingdom.

"They are declared enemies of the kingdom. No one in their right
mind would contribute to that."

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