Judge grants reprieve to suspected terrorist

Original author: CP (CANADIAN PRESS)
Source: The Toronto Star online
URL: http://tinyurl.com/6c8j7
Date: September 8, 2004


A Federal Court judge granted a temporary reprieve today to an Egyptian refugee who's spent the last four years in a Canadian jail because of a suspected link to terrorist financier Osama bin Laden. Judge Eleanor Dawson stayed a deportation order against Mohammad Zeki Mahjoub, 44, who has been in jail in Toronto since June 2000, when he was accused of being involved with a militant organization that wants to overthrow the Egyptian government.

In granting the stay, which temporarily keeps Mahjoub in Canada, Dawson said she was convinced Mahjoub faced serious danger if returned to his native Egypt, where his lawyers feared he would be tortured.

"I accept Mr. Mahjoub will suffer greater harm if he is not granted a stay order," Dawson said in her ruling.

The court will reconsider "in an urgent manner" its decision to grant a stay should Mahjoub continue his legal bid to be freed on bail, she added.

John Norris, one of Mahjoub's lawyers, said his client was "very pleased" with the decision.

"He was facing an imminent removal to Egypt," Norris said. ``The judge has now ruled that that will not happen."

Mahjoub's wife, Mona El Fouli, said the reprieve is a welcome one for her family, particularly her young son, who has had limited contact with his father during the last four years.

"My son Ibrahim has separation phobia; he won't even be separating when we're shopping," El Fouli said. "My older son is going to university and Ibrahim is very affected by that - he thinks he won't come back."

Earlier in the day, federal Justice Department lawyer David MacIntosh warned Dawson not to permit Mahjoub to remain in Canada.

"Every Canadian, everyone present here, Mr. Mahjoub is a danger to," MacIntosh said.

Mahjoub, 44, has already testified that while in custody at the Metro West Detention Centre in Toronto, he has faced repeated emotional abuses at the hands of prison guards - particularly in the wake of the Sept. 11, 2001, terrorist attacks in the United States.

MacIntosh disputed those claims today, saying everything Mahjoub says should "be subjected to the closest scrutiny."

"I say to you, this man is a liar, he is a perjurer, he has no credibility," MacIntosh said.

Mahjoub's lawyer, Barbara Jackman, said the issue is not whether Mahjoub is telling the truth about alleged abuses but rather the dangers he faces if returned to Egypt.

"Mr. Mahjoub's credibility is not the issue here," Jackman argued. "There is objective evidence that he would be at risk of torture" if deported.

Jackman also said she wouldn't seek Majhoub's release on bail from any other court while the stay order is in place.

On Aug. 27, Mahjoub received a letter from immigration officials saying his "removal to Egypt is imminent" and would take place within two weeks.

Mahjoub is one of five people detained by the Canadian Security Intelligence Service who are being held on security certificates based on secret evidence.

In such cases, the government can detain suspects indefinitely if they are able to convince a judge the suspect is a threat to Canadian security.

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