By Karin Brulliard and Aoun Sahi
Washington Post Foreign Service
Sunday, February 13, 2011; 11:00 PM
ISLAMABAD, PAKISTAN - A Pakistani police report says a U.S. Embassy official jailed in the killing of two Pakistani men is "guilty" of murder, citing investigators' findings that the official shot each victim five times, including in their backs, and lied to police about how he arrived at the scene.
The five-page report, a copy of which was obtained by The Washington Post, spells out law enforcement authorities' case against the official, Raymond Davis, whom the police chief in the city of Lahore two days ago accused of "cold-blooded murder." The former Army Special Forces soldier has said that he fired in self-defense as the men tried to rob him.
The report says that although the men were armed, no witnesses saw them point weapons at Davis. The top U.S. official in Lahore, Carmela Conroy, disputed that Friday, saying police did not consider what she deemed witness accounts of the stickup, which were aired on Pakistani television in the days after the shooting.
Two weeks after the incident, the report serves as an official record of how deeply Pakistani officials are digging in their heels over the case, which has frayed the uneasy U.S.-Pakistan alliance. U.S. officials have repeatedly said that Davis qualifies for diplomatic immunity and have demanded his release; Pakistan has said that the matter is up to its courts.
Statements issued in both countries over the weekend underscored the escalating diplomatic row. On Saturday, the State Department announced the postponement of a Feb. 23-24 meeting in Washington involving U.S., Pakistani and Afghan officials. The statement cited "political change" in Pakistan - where a new cabinet is being formed - but White House officials have said that the Davis dispute prompted the change.
In Pakistan on Saturday, Shah Mahmood Qureshi, who was foreign minister until a cabinet reshuffle last week, broke his silence on the incident, asserting at a banquet and to a newspaper that he had lost his job because he did not think Davis was qualified for diplomatic immunity.
According to one Pakistani newspaper account, Qureshi told the dinner attendees that "when the national interests will demand, relationships can be severed."
Speaking privately, some Pakistani officials say Davis - who the United States says was a security officer and a member of the embassy's "administrative and technical" staff - clearly qualifies for immunity. But the fragile Pakistani government, viewed here as a U.S. lackey, has been loath to face what could be a destabilizing public backlash to Davis's release.
Meanwhile, these officials say, a growing camp that includes the opposition-run government and police in Punjab province, where the shooting occurred, is playing to public outrage over the issue in hopes of gaining leverage over the United States.
U.S. officials in Pakistan have maintained that the two men, who were on a motorcycle, had criminal backgrounds and held up Davis while he was in his car at an intersection in Lahore. After the shootings, the men were found in possession of cash and a cellphone they had stolen that day, the U.S. officials say. U.S. and Pakistani officials told The Post last week that a police report corroborated that account.
But the police's five-page investigative report, which was written in Urdu and submitted to a municipal court in Lahore, does not reflect that. It was unclear Sunday whether this report was the same one as that referenced by officials.
The report, citing witness statements, says Davis first shot at the men from inside his sedan, then got out and shot twice more at one of the men, Faizan Haider, as he ran. Davis then took photos and called the U.S. Consulate before fleeing in his car and being apprehended by two traffic wardens, it says. A consular vehicle that came to Davis's rescue fatally struck an uninvolved motorcyclist on the way to the scene, police say.
According to the report, Davis told police that he arrived at the scene from the consulate, but a Global Positioning System tracker in his car indicated that he had driven from his residence. Police had previously said that Davis told them he was returning from a bank.
The two men on the motorcycle were found to be carrying five cellphones, two pistols and currency from Pakistan, Japan, Oman and the Philippines, according to the report.
Quoting autopsy results, the report says that each man was shot twice in the back and that one was struck in the head. The report later contradicts itself, saying each man was shot thrice in the back.
The shots to the back are cited in a list of reasons investigators rejected Davis's self-defense assertion. The list notes a lack of witness testimony attesting to a robbery and two empty bullet casings found outside Davis's car, indicating that he shot offensively. It also notes that there were no bullets in the chambers of the victims' pistols.
"If it was an act in self-defense by the accused, he could have fired a shot or two on the lower parts of their bodies, such as the legs, as he was an expert in using arms," the report says. "The accused fired 10 shots, which negate his claim of acting in self-defense."
Courtney Beale, a spokeswoman for the U.S. Embassy in Islamabad, declined to comment Sunday on most of the contents of the report, but she noted that in the day after the shooting, Pakistani television aired interviews with people who said they witnessed a robbery.
Those reports were quickly overtaken by conjecture about the activities of Davis, whose duties the U.S. Embassy has not explained. Television stations have broadcast leaked photos, allegedly recovered from Davis's cellphone and camera, that include images of bridges, markets that have been bombed and the road leading to the border with India.
Pakistani media also have fanned speculation about items found in Davis's car. The police report says those items included a Glock pistol, 75 bullets, a "survival kit," an infrared headlight and a telescope.
Police have not located the other American vehicle that arrived at the scene, and U.S. officials have declined to comment on it. According to the police report, several items "fell" from the car as it sped away, including 100 bullets, a pair of gloves, a compass, a black face mask and "a piece of fabric with an American flag drawn on it."
Sahi, a special correspondent, reported from Lahore. Special correspondent Shaiq Hussain in Islamabad contributed to this report.