Federal questioning of accused terrorist 'offensive,' says lawyer

posted on October 25, 2005 | in Category Mohamed Harkat | PermaLink

Original author: Jim Bronskill
Source: CANOE CNEWS Network
URL: [link]
Date: October 24, 2005

OTTAWA (CP) - A lawyer for accused terrorist Mohamed Harkat slammed the government Monday for trying to uncover how much bail money supporters of his client had raised from Muslims.

Harkat, an alleged al-Qaida sleeper agent, is seeking release from the Ottawa detention centre in which he has spent the last 34 months. His backers have marshalled 35,000 dollars in cash and tens of thousands more dollars in assurances in an attempt to persuade the Federal Court of Canada to grant him bail.

Harkat's counsel told Justice Francois Lemieux that the Ottawa man, arrested in December 2002, would agree to strict release conditions that effectively amount to house arrest.

Harkat's wife, Sophie, broke down in tears when asked what her husband's freedom from jail would mean.

"My life has been turned upside-down and I'm willing to do anything so my husband can be home," she told the court.She acknowledged that while some money had been collected from faithful outside an Ottawa mosque, she did not know the amount of cash Muslims had contributed to her spouse's cause.

"I can't tell you exactly how much, no," she said under questioning by federal counsel at the bail hearing.

Paul Copeland, one of Harkat's lawyers, took exception to the Crown's approach.

"I think the question was offensive, the issue of whether or not the money comes from the Muslim community," he said during a break in the hearing.

"Whoever's supporting him is supporting him."

The Algerian-born Harkat is one of five Muslim men being held on national security certificates issued under federal immigration law.

The Canadian Security Intelligence Service contends Harkat is an Islamic extremist and collaborator with Osama bin Laden's terrorist network.

The spy service, which watched Harkat for five years prior to his arrest, also argues he supports Afghan, Pakistani and Chechen radicals.

Harkat, who also took the witness box Monday, denies involvement in terrorism.

"Not one single day in my life have I ever supported Islamic extremism," he said in Arabic through an interpreter.

Last March a judge upheld the certificate issued against Harkat, clearing the way for his deportation to Algeria.

Harkat said Monday he has been troubled by nightmares about facing torture upon a return to his homeland.

In addition to seeking Harkat's release on bail, his lawyers have asked the Supreme Court of Canada to review his case, arguing the certificate scheme is unconstitutional.

A hearing appears likely as the high court has already agreed to hear the cases of two others detained on certificates.

Harkat won refugee status in Canada in February 1997 and applied for permanent residence the next month. Settling in Ottawa, he married and worked long hours as a pizza delivery man and gas station attendant to support his family.

Under proposed bail conditions, Harkat would live in an Ottawa house with his wife, her mother and a renter. He would be required to wear an electronic monitoring bracelet, respect a curfew, abstain from Internet use and leave home only with his wife or other approved escort.

The Crown indicated Monday it might also demand Harkat not be allowed to speak Arabic on the telephone.

Harkat said he would abide by any court-ordered bail conditions.

In February, a judge released Moroccan-born Adil Charkaoui of Montreal, another certificate detainee, on 50,000 dollars bail with strict caveats.

Copeland was cautious in assessing Harkat's chances.

"I don't want to predict what this judge is going to do. He certainly seems to be giving us a decent hearing," he said.

"Am I optimistic that he'll grant bail? I'm hopeful."

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