Families of the 17 sailors killed in a terrorist attack on the USS Cole can pursue a lawsuit against the government of Sudan, a federal judge has decided.
In Norfolk, Virginia, district judge Robert Doumar today said there was enough evidence the Sudanese government co-operated with al-Qaida and its leader, Osama bin Laden, to allow the lawsuit to go forward.
“I find that there are facts sufficient to say: They’re sort of partners and therefore I would allow the suit to go forward,” Doumar said during a hearing on Sudan’s request to dismiss the suit.
His ruling will not become official until he files a formal written opinion.
The families have accused Sudan of providing support, including diplomatic pouches used to carry explosives, and financing for the October 12, 2000, attack while the destroyer was in the harbour of Aden, Yemen.
The suit also alleges the East African nation allowed an al-Qaida operative to ship four crates of explosives to Yemen before the bombing.
It accuses the president of Sudan of authorising bin Laden’s entry into the country and of not requiring him to pay taxes.
The suit also says bin Laden and Sudan operated joint businesses and a bank that provided financing for the Cole attack.
“Sudan provided no support for the bombing of the Cole,” said Washington lawyer Knox Bemis, before being cut off by Doumar, who questioned the bank connection and why Sudan would allow operatives to come in and out of the country freely.
None of the family members appeared in court yesterday.
“They’re dealing with it by not dealing with it,” said Andrew Hall, a Miami lawyer representing the families.
The case is scheduled for trial on March 7, but Hall said it probably would be delayed.
The families are seeking $105m (€86m) from the Sudanese government, which lawyers hope will be paid through Sudanese assets that were frozen by the US government.