A federal court justice has upheld a national security certificate against an Ottawa gas station attendant, bringing Mohamed Harkat one step closer to being deported to Algeria. The 36-year-old has been held since Dec. 10, 2002, on allegations that he is a sleeper agent for Al Qaeda. Canada's spy service claims Harkat, while supposedly working at a Muslim charity in Pakistan in the early 1990s, operated a guesthouse for jihadis travelling to Chechnya. He is also accused of travelling to Afghanistan and associating with Abu Zubaydah, who was third on the U.S. list of most-wanted Al Qaeda suspects, behind leader Osama bin Laden and Ayman al-Zawahri.Justice Eleanor Dawson wrote in her decision that she had difficulty believing Harkat's defence, in particular why he was paid such a handsome salary ($18,000 U.S.) for working with a relief organization in Pakistan and his connections to now deceased Ahmed Said Khadr, a high-ranking Canadian associate of bin Laden.

Dawson also noted that Harkat's credibility was undermined by his admission that on two separate occasions he lied to Canadian Security Intelligence Service agents about being known by the name "Abu Muslima."

"I found his evidence on these points to be inherently implausible and incredible," Dawson wrote in her 76-page decision released yesterday.

Even without these inconsistencies, Dawson said she believes based on confidential information presented to her, but not revealed to Harkat and his lawyers, that Harkat has lied concerning his involvement with Islamic extremists.

The federal court decision cannot be appealed, but if this case follows the pattern of others now before the courts, deportation is still months if not years away. Harkat is able to appeal other decisions, such as the risk he faces if deported to Algeria.

As the decision was released yesterday, Dawson was in a Toronto courtroom listening to final arguments as to whether another one of the five men currently detained on national security certificates should be released on strict conditions.

Once again, Dawson was presented with two distinct pictures of Egyptian refugee Mohamed Zeki Mahjoub, who has been held at Toronto's West Detention Centre for almost five years without charges.

Lawyers for Mahjoub urged Dawson to follow the rulings by international courts and adopted last month by a Montreal judge and release the 44-year-old. Referring to cases from Britain, New Zealand and the bail granted to Montreal resident Adil Charkaoui last month, lawyer John Norris said releases with conditions are replacing lengthy detention in the cases involving terrorism allegations.

But government lawyers said Mahjoub's release would be dangerous since he "remains a committed ideologue" of Al Qaeda.

Lawyer Donald MacIntosh said in addition to fears of Mahjoub going underground if released, it's believed he still has the means to reach out to terrorist organizations.

When living in Sudan, before arriving in Canada, Mahjoub supervised 4,000 employees at a farm run by bin Laden and CSIS alleges he's a high-ranking member of an Egyptian fundamentalist group now tied to Al Qaeda.

Dawson is also privy to secret evidence presented by government lawyers in the absence of Mahjoub and his lawyers, a provision allowed in security certificate cases under the immigration act. A federal court has already upheld his security certificate.

Now pending is a decision from the immigration minister as to whether Mahjoub is a danger to Canada and therefore should be sent back to Egypt even though it's likely he will be tortured upon return. In a third, separate case, Justice Andrew MacKay overturned a decision by the government concerning detainee Mahmoud Jaballah that ruled he should be deported to Egypt. He said Jaballah risked torture and ordered a new decision.

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