Original author: Nelly Elayoubi
Source: The Ottawa Sun
URL: [link]
Date: November 9, 2005

Granting Mohamad Harkat bail wouldn't mean freedom -- it would be nothing more than transferring him from one jail to another, his defence lawyer argued yesterday.

In his reply to the Crown's closing submissions, Matt Webber reiterated the stringent terms of conditions of what he calls a most "vigorous" bail package for his client.

"I'm not asking you to free him. Move him from one prison to another -- from the OCDC (Ottawa-Carleton Detention Centre) to Sophie Harkat's (his wife) home."Harkat was arrested at his Vanier apartment in December 2002 on a security certificate issued by the feds and has been in jail since.

He's suspected of being an al-Qaida sleeper cell agent and is seeking bail with conditions on his house arrest.

TEARFUL GOODBYE

"We are talking about the liberties of a human being," Webber said.

Leaning over the bench, Sophie clutched her husband in a tight embrace for a tearful goodbye.

"We have to wait and see. In two weeks he could be coming home and these could be tears of happiness. Or he could be deported back to Algeria," Sophie said outside court.

"If he gets out on bail it would be just one small step."

If granted bail, Harkat would be subject to such conditions as electronic monitoring, no use of computers, not speaking in his native Arabic and "around-the-clock" watch by a list of individuals, known as sureties, who would report any breaches of conditions.

The Crown criticized the sureties for not being able to provide proper scrutiny of Harkat, because they had only met him in jail for short, supervised visits.

They failed to ask for a list of people with whom Harkat would be forbidden to associate, Crown attorney Donald MacIntosh said.

Webber said the list wouldn't be provided by security services for reasons of national security.

Along with the sureties are endorsements from supporters, who add nothing but "celebrity signatures" from the likes of politicians Ed Broadbent and Alexa McDonough, MacIntosh said.

He stressed Harkat would remain a threat to national security and that no length of incarceration would diminish allegiance to extremist ideology, according to testimony heard.

Yesterday was the last day of the public portion of bail proceedings. In-camera sessions may take place before Justice Francois Lemeiux's ruling.

nelly dot elayoubi @ ott dot sunpub dot com

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