US-TERRORISM- Court Overturns Ruling In Case Of Accused In Cubana Bombing

NEW ORLEANS, CMC – A United States federal appeals court has overturned a ruling that led to the dismissal of charges against Venezuelan-born Luis Posada Carriles, who had been accused of lying about his entry into the United States.

Posada, 80, has denied involvement in the bombing of a Cubana Airline off the coast of Barbados in 1976.

That resulted in the death of 73 people and Posada is being sought by the Venezuelan and Cuban governments.

The Federal Appeals Court last Thursday reinstated the indictment against Posada that charged the Cuban exile militant with lying about how he sneaked into the US in 2005.

On May 8, 2007, a Texas court dismissed the grand jury indictment after finding that investigators had ''engaged in deceptive conduct and outrageous tactics'' during proceedings.

US District Judge Kathleen Cardone accused the Government of committing ''fraud, deceit and trickery'' to indict Posada and freed him from further prosecution in the case.
Posada returned a free man to Miami and has been living at an undisclosed location since then.

But US federal prosecutors appealed the ruling to the Fifth Circuit Court of Appeals in New Orleans, which has jurisdiction for Texas cases.

''We reverse the dismissal of the indictment, reverse the suppression of the statements made at the naturalization interview, and remand the case for further proceedings,'' the appeals court said last Thursday. 

Posada's lawyer said his client would not comment on the appeals court decision but noted that Posada was ''obviously disappointed like we all are".

But Dean Boyd, a US Justice Department spokesman, said they were pleased with the ruling "and will proceed forward as appropriate''.

 

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