"In his June 6 decision committing Diab to extradition, Justice Robert Maranger admitted he was troubled by a key French report that he called “convoluted, very confusing (and) with conclusions that are suspect.”
The judge effectively concluded that no Canadian court could likely convict Diab on the basis of the French evidence. Nevertheless, Canadian extradition law dictates that Canadian authorities must assume Diab will receive a fair trial in Paris.
Edwardh said Maranger’s decision was flawed and will be made an issue in an appeal. She questions whether Diab will get a fair trial in France.
Kramer countered that “it is not Canada’s role to dictate to its treaty partner how it ought to run its trials.”
The French case against Diab relies on pivotal handwriting expert testimony that links five words on a Paris hotel register with the former sociology professor’s. It is accepted that the person who signed that registry was one of the bombers."
REPORTER LEE GREENBERG: THE OTTAWA CITIZEN;
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"TORONTO — The former University of Ottawa professor who is accused by French authorities of murdering four people in the 1980 bombing of a Paris synagogue will wait in the Ottawa-Carleton detention centre while a judge decides whether to grant him bail," the Ottawa Citizen story by reporter Lee Greenberg published earlier today begins, under the heading, "Diab to stay in detention centre until judge makes decision on bail."
"Lawyers for Hassan Diab, 57, told an appeals court judge in Toronto their client will continue to comply with stringent bail conditions, including electronic monitoring, restrictions on his movements and a nightly curfew," the story continues.
"But they are asking for those restrictions to be loosened, so Diab can travel to Toronto to meet with his lawyers and stay out two hours later each night, until 11 p.m., as long as he is accompanied by a surety.
“We have two years of real co-operation,” said Marlys Edwardh, Diab’s high-profile appeal lawyer. “(The monitoring device manufacturer) can attest to the fact that Dr. Diab has been co-operative, carrying the device at all times, being mindful of docking it and responding to calls from (the company).”
Diab was committed for extradition to France earlier this week, where he is accused of terrorism in the 1980 synagogue bombing that killed four people and injured 40 more.
The federal government is opposing bail.
Federal Crown Richard Kramer told court it is “counterintuitive” to loosen restrictions just as the stakes have been raised.
“Monitoring does not prevent flight,” he told court. “It’s simply an early warning system.”
Edwardh said Diab had neither a Canadian nor Lebanese passport.
She is also asking the court to foot the bill for Diab’s $1,900 monthly surveillance bill, an issue Kramer said could open the door to a wave of similar claims.
He said the government would rather Diab go without monitoring than establish that precedent.
“Providing that jurisdiction to every justice of the peace across the province, each of them dealing with 30 cases a day in bail court — the impact of that would be enormous,” he said.
13 sureties are offering to post between $5,000 and $100,000 for Diab’s bail, or $430,000 total.
Diab’s supporters say the unique case exposes flaws in Canada’s extradition laws.
In his June 6 decision committing Diab to extradition, Justice Robert Maranger admitted he was troubled by a key French report that he called “convoluted, very confusing (and) with conclusions that are suspect.”
The judge effectively concluded that no Canadian court could likely convict Diab on the basis of the French evidence. Nevertheless, Canadian extradition law dictates that Canadian authorities must assume Diab will receive a fair trial in Paris.
Edwardh said Maranger’s decision was flawed and will be made an issue in an appeal. She questions whether Diab will get a fair trial in France.
Kramer countered that “it is not Canada’s role to dictate to its treaty partner how it ought to run its trials.”
The French case against Diab relies on pivotal handwriting expert testimony that links five words on a Paris hotel register with the former sociology professor’s. It is accepted that the person who signed that registry was one of the bombers.
Diab has denied all wrongdoing in the case. “I am against any sort of racially, ethnically or religiously motivated discrimination or violence,” he said in a recently-recorded video released earlier this month. “I am innocent and these allegations are baseless.”
The formal decision whether to extradite Diab rests with federal Justice Minister Rob Nicholson.
His decision will likely spark an appeal.
Diab, meanwhile, is waiting in protective custody in an Ottawa jail while Justice Eleanore Cronk decides whether to grant him bail.
“I know your client is in jail,” Cronk told Edwardh Thursday. “I know there’s urgency to this. But I don’t know how quickly I can get this (decision) to you.”"
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The story can be found at:
http://www.ottawacitizen.com/news/Diab+stay+detention+centre+until+judge+makes+decision+bail/4922019/story.html?cid=megadrop_story
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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;
