Monday, June 6, 2011

HASSAN DIAB; COMMITTED FOR EXTRADITION IN SPITE OF HOTLY CONTESTED HANDWRITING EVIDENCE; APPEAL EXPECTED. CASE COULD GO TO SUPREME COURT OF CANADA;


"Ultimately, Maranger’s decision to commit Diab for extradition appears to have been determined by controversial expert handwriting evidence that the judge himself said was problematic.

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

REPORTER CHRIS COBB; THE OTTAWA CITIZEN;

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"OTTAWA — Former University of Ottawa professor Hassan Diab was committed for extradition by an Ottawa judge on Monday," the Ottawa Citizen story by reporter Chris Cobb published earlier today under the heading, "Diab committed for extradition in Paris synagogue bombing case," begins.

"Diab, who has been living at home under strict bail conditions, was immediately taken into custody pending another bail hearing,"
the story continues.

"The courtroom was packed with supporters who had earlier rallied outside the courthouse in a show of support for Diab who they say is a victim of an unfair and un-Canadian legal process.

Diab is now expected to appeal Justice Robert Maranger’s decision – a process that could take at least a year.

Alleged terrorist Diab is wanted in Paris on murder and attempted murder charges in connection with a bombing of a synagogue in the French capital in Oct. 1980.

Maranger called the evidence against Diab “weak”, but said the French had shown a prima facie case against Diab and that Canada must expect France to give him a fair trial.

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

Diab was arrested in November 2008 at the request of the French government but often-bitter exchanges between his lawyer Donald Bayne and federal Justice department lawyers have punctuated the unusually long extradition hearing.

Prosecutors set aside key intelligence evidence during the hearing after Bayne challenged them to prove it had not been gathered through torture.

Ultimately, Maranger’s decision to commit Diab for extradition appears to have been determined by controversial expert handwriting evidence that the judge himself said was problematic.

Three defence forensic handwriting experts agreed that the French evidence was flawed to the point of incompetence, but Maranger said that despite his doubts, 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.

Because the Diab case has set numerous precedents in its challenge of Canadian extradition law, the case could ultimately rest with the Supreme Court."

The story can be found at:

http://www.windsorstar.com/news/Diab+committed+extradition+Paris+synagogue+bombing+case/4899853/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 found at:

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

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

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