Wednesday, March 9, 2011

HASSAN DIAB: EXTRADITION CASE; RULING IN JUNE; JUDGE SKEPTICAL OF FRENCH GOVERNMENT'S CIRCUMSTANTIAL EVIDENCE;


"In stating Wednesday that the case hangs on the handwriting analysis, Maranger appeared to be saying that he will give relatively little or no weight to supporting circumstantial evidence offered by the French.

That evidence includes witness statements that allegedly identify Diab based on old photographs and composite drawings and allegations that he was a member of the Popular Front for the Liberation of Palestine (PFLP) or a related student group of the organization.

According to French evidence, a Lebanese friend of Diab’s told authorities Diab was member of the PFLP but there is no concrete evidence to support that. Nor is there any evidence that the PFLP had anything to with the Paris bombing for which Diab is wanted.

Bayne spent Tuesday ripping into the French evidence, claiming it is “guesswork in the absence of evidence.”

REPORTER CHRIS COBB: THE OTTAWA CITIZEN;

---------------------------------------------------------------------------------

"OTTAWA — Former University of Ottawa professor Hassan Diab is to learn in early June whether he will be committed for extradition to stand trial in Paris on murder and attempted-murder charges," the Ottawa Citizen story by reporter Chris Cobb begins, under the heading, "Judgee to rule in June on whether to extradite Diab in Paris synagogue bombing case."

"Justice Robert Maranger told the Diab extradition hearing Wednesday he will deliver his decision on or about June 8 and stated for the first time that Diab’s fate hangs on controversial French handwriting evidence,"
the story continues.

"The final day of the extradition hearing shifted focus back to evidence comparing Diab’s handwriting with samples collected from suspects in the case, with prosecution and defence lawyers using the same case law to make radically different pitches to Maranger.

Crown lawyer Jeffrey Johnston argued that under extradition case law, Maranger does not have the right to re-examine French handwriting analysis that has been the subject of often bitter arguments between the two sides.

Defence lawyer Donald Bayne argued the opposite, urging Maranger to make his own judgments about the handwriting analysis — which the judge has allowed into evidence despite referring to the analysis as a “pseudo science” that is “problematic” and “very confusing.”

Three defence forensic handwriting experts agreed that the French evidence was flawed to the point of incompetence but Maranger said the experts had not persuaded him to disallow the evidence.

Under extradition law, evidence provided by the country seeking to extradite a Canadian citizen has generally to be presumed reliable by Canadian courts.

Diab, a Lebanese-born Canadian currently living under strict bail restrictions, is wanted for murder and attempted murder by Paris police for his alleged role in the bombing of the Rue Copernic synagogue in the French capital on Oct. 3, 1980.

The 57-year-old says he is the victim of mistaken identity and denies he had any role in the bombing.

In stating Wednesday that the case hangs on the handwriting analysis, Maranger appeared to be saying that he will give relatively little or no weight to supporting circumstantial evidence offered by the French.

That evidence includes witness statements that allegedly identify Diab based on old photographs and composite drawings and allegations that he was a member of the Popular Front for the Liberation of Palestine (PFLP) or a related student group of the organization.

According to French evidence, a Lebanese friend of Diab’s told authorities Diab was member of the PFLP but there is no concrete evidence to support that. Nor is there any evidence that the PFLP had anything to with the Paris bombing for which Diab is wanted.

Bayne spent Tuesday ripping into the French evidence, claiming it is “guesswork in the absence of evidence.”

He claims there is no evidence that Diab was even in France the day he is alleged to have planted the bomb.

But Johnston says while the circumstantial evidence might be relatively minor, it is valid and bolsters the handwriting evidence."

---------------------------------------------------------------------------------

The story can be found at:

http://www.ottawacitizen.com/news/Judge+rule+extraditing+Diab+early+June/4410840/story.html

---------------------------------------------------------------------------------
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;