"Diab’s lawyer Donald Bayne picked up on Maranger’s comments and brought an application under the Charter of Rights and Freedoms, claiming that the evidence would be accepted without question at any future Diab trial in France and would not be properly tested for reliability.
Bayne urged Maranger not to “bury you head in the sand.”
Maranger agreed with Justice department lawyer who countered Bayne by saying Canadian extradition judges have no jurisdiction over what might happen in a foreign court.."
REPORTER CHRIS COBB: OTTAWA CITIZEN;
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"OTTAWA — Accused terrorist Hassan Diab failed Tuesday in a last and crucial attempt to get handwriting evidence being used against him disallowed," the Ottawa Citizen story by reporter Chris Cobb published earlier today begins, under the heading, "Accused Paris bomber Hassan Diab fails to get handwriting evidence disallowed."
"The handwriting analysis by French forensic expert Anne Bisotti has been called the “smoking gun” by prosecutors – meaning that it is key to the French case," the story continues.
"Paris authorities say Diab was a key player in a terrorist bombing outside a synagogue in October 1980 and handwriting comparisons prove his involvement.
Former University of Ottawa professor Diab says he is innocent and the victim of mistaken identity.
Justice Robert Maranger had already ruled that the handwriting could stay as part of the evidence but was also critical of some aspects which he labeled “problematic” and “confusing.
Diab’s lawyer Donald Bayne picked up on Maranger’s comments and brought an application under the Charter of Rights and Freedoms, claiming that the evidence would be accepted without question at any future Diab trial in France and would not be properly tested for reliability.
Bayne urged Maranger not to “bury you head in the sand.”
Maranger agreed with Justice department lawyer who countered Bayne by saying Canadian extradition judges have no jurisdiction over what might happen in a foreign court..
In his ruling on Tuesday, Maranger rejected the ostrich analogy.
“It is simply an application of the law,” he said. “I don’t have the jurisdiction.”
Under Canadian extradition law, the final decision on whether to extradite a wanted person is made by the federal Justice minister who has the jurisdiction Maranger does not."
The story can be found at:
http://www.ottawacitizen.com/news/Accused+Paris+bomber+Hassan+Diab+fails+handwriting+evidence+disallowed/4366640/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;
