Hassan Diab: France: (Against his will!) Chris Cobb reports that the Ottawa academic's release was ordered from a Paris jail for the fifth time - and prosecutors quickly blocked the move. .."Ottawa defence lawyer Don Bayne, who represented Diab at his extradition hearing, said Monday that it’s clear the French investigating judge has found no evidence to warrant Diab’s continued imprisonment. “Dr. Diab is a prisoner of the current political and social reality in France,” he said. “It is past time that our government – a government of rights and freedoms for its citizens – moved to help free this man.” Investigating judge Herbaut said in his last release order “that in September, early October 1980 Diab was very likely immersed in his exam. We know this due to witness reports and documents from the Lebanese University confirming that he studied for his exams, sat them in Beirut and passed them.” The judge conceded “questions remain” over how Diab’s passport was found on a Popular Front for the Liberation of Palestine militant a year after the bombing but that was no reason for Diab’s continued incarceration. (Diab said it was lost during the chaos of the Lebanon civil war). French prosecutors continue to rely on evidence that Diab’s Canadian extradition judge — Superior Court Justice Robert Maranger — described as “weak, convoluted and confusing,” and unlikely to result in a conviction if Diab was tried in Canada. Part of the evidence still in play is based on intelligence for which there is no known source and which was withdrawn during the extradition hearing in Ottawa because of its unreliability. Repeated fingerprint tests comparing Diab’s prints to those found on a hotel register and in a car police say was used in the attack have all been negative." The Ottawa Citizen;

 

STORY: "Ottawa academic's release ordered from Paris jail for fifth time — prosecutors quickly block move," by reporter Chris Cobb, published by The Ottawa Citizen on April 3, 2017.

GIST: "Two French investigating judges ordered the release of Ottawa academic Hassan Diab from a Paris jail Monday – the fifth time he has been ordered released since being extradited to France two and a half years ago. But prosecutors immediately moved to block Diab’s release on the grounds that he is a flight risk and a threat to public disorder. Judge Jean-Marc Herbaut and his deputy signed the latest release order. Herbaut said in November that there is “consistent evidence” that Diab is telling the truth and that he was not in Paris in Oct. 1980 when a powerful terrorist bomb killed four passersby and injured many others inside and outside a synagogue. Appeals court judges, who have backed prosecutors on the previous four occasions Diab has been released, are expected to announce their decision several weeks from now. An interim order means that Diab stays in jail until that decision. The 63-year-old Lebanese-born Canadian was released for 10 days last spring while prosecutors scrambled to appeal. He stayed with a fellow academic in Paris and wore a GPS monitoring system on his ankle. He moved around Paris without incident. “Hassan Diab’s situation is unprecedented,” Diab’s Paris lawyer, William Bourdon, told the Citizen after the last release order was overturned. “After 36 years and since no one else was indicted, the court of appeal is clinging to Hassan Diab. He is detained because of the judges’ fear to be accused for laxity in the context of today’s fight against terrorism in France. Such a situation would be inconceivable in an ordinary law situation.” Ottawa defence lawyer Don Bayne, who represented Diab at his extradition hearing, said Monday that it’s clear the French investigating judge has found no evidence to warrant Diab’s continued imprisonment. “Dr. Diab is a prisoner of the current political and social reality in France,” he said. “It is past time that our government – a government of rights and freedoms for its citizens – moved to help free this man.” Investigating judge Herbaut said in his last release order “that in September, early October 1980 Diab was very likely immersed in his exam. We know this due to witness reports and documents from the Lebanese University confirming that he studied for his exams, sat them in Beirut and passed them.” The judge conceded “questions remain” over how Diab’s passport was found on a Popular Front for the Liberation of Palestine militant a year after the bombing but that was no reason for Diab’s continued incarceration. (Diab said it was lost during the chaos of the Lebanon civil war). French prosecutors continue to rely on evidence that Diab’s Canadian extradition judge — Superior Court Justice Robert Maranger — described as “weak, convoluted and confusing,” and unlikely to result in a conviction if Diab was tried in Canada. Part of the evidence still in play is based on intelligence for which there is no known source and which was withdrawn during the extradition hearing in Ottawa because of its unreliability. Repeated fingerprint tests comparing Diab’s prints to those found on a hotel register and in a car police say was used in the attack have all been negative."

The entire story can be found at:

http://ottawacitizen.com/news/local-news/ottawa-academic-released-from-paris-jail-for-the-fifth-time-prosecutors-quickly-block-move

See previous post of this Blog at the link below:  Hassan Diab: Extradited to France by Canada); Major Development; 'Consistent evidence' suggests Ottawa academic did not commit 1980 terrorist bombing, French judge says.'..."Diab, who turns 63 this month, says he is innocent, denies he was in France at the time of the bombing and says he has been the victim of mistaken identity. Herbaut, a veteran anti-terrorism and organized crime investigator, questioned Diab over three days earlier this year and recently returned from Lebanon where he interviewed people who were part of Diab’s circle four decades ago. Although his investigation isn’t finished, it appears that the Beirut visit has led Herbaut to doubt the evidence against Diab. This is the third time Herbaut has ordered Diab released but the first time he has publicly suggested that there might not be enough evidence to send him to trial. Another judge, whose job it is to periodically review the cases of prisoners held in pre-trial custody, made a similar order earlier this year. All four orders have been overturned by the same three-judge panel. Following the review judge’s first order in the spring, Diab was briefly freed on strict bail conditions and spent his 10 days of freedom at the home of a Paris academic and without incident. “Hassan Diab’s situation is unprecedented,” Diab’s Paris lawyer, William Bourdon, told the Citizen. “After 36 years and since no one else was indicted, the court of appeal is clinging to Hassan Diab. He is detained because of the judges’ fear to be accused for laxity in the context of today’s fight against terrorism in France. Such a situation would be inconceivable in an ordinary law situation.” Bourdon is now asking the French Supreme Court to overturn the latest appeal court decision."..."French prosecutors continue to rely on evidence that Diab’s Canadian extradition judge, Superior Court Justice Robert Maranger, described as “weak, convoluted and confusing,” and unlikely to result in a conviction if Diab was tried in Canada. Part of the evidence still in play is based on intelligence for which there is no known source and which was withdrawn during the extradition hearing in Ottawa because of its unreliability — including the possibility that it could have been gleaned through torture. The remaining French evidence involves handwriting analysis debunked by three internationally renowned handwriting experts at the extradition hearing. Repeated fingerprint tests comparing Diab’s prints to those found on a hotel register, in a car police say was used in the attack and another document have all been negative. Maranger said the low threshold of Canadian extradition law gave him no choice but to recommend extradition."

 http://smithforensic.blogspot.ca/2016/11/hassan-diab-extradited-to-france-by.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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 Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.