"For the eighth time, a French appeals court has overturned a
judicial order to release on bail former Ottawa university professor
Hassan Diab. Since his extradition from Canada three years ago,
four judges have ruled that the 63-year-old Canadian citizen should be
released from the maximum-security Paris prison where he has been held
on pre-trial detention. Following a now familiar pattern, an appeals court quashed the latest release order Tuesday. Lebanon-born
Diab is the sole suspect in the October 1980 terrorist bombing of a
Paris synagogue in which four passers-by were killed and more than 40
injured. He denies being involved and says he was studying in Beirut at the time of the bombing. The
appeal judges are expected to release the reasons for Tuesday’s
decision later this week but they have previously accepted the
prosecution’s claim that Diab is a threat to public order and a flight
risk. Diab’s French lawyer William Bourdon says the prosecution
appeals are “not judicial but political” and motivated by a reluctance
not to appear soft on terrorism. Investigating Judge Jean Marc
Herbaut, one of the judges who has repeatedly ordered Diab’s release,
ended his investigation into the case in July after saying previously
that there is “consistent evidence” that Diab is telling the truth. During his almost three-year investigation, Herbaut visited Lebanon to interview – among others – some of Diab’s contemporaries. But
in a surprise twist to the saga, Diab’s Ottawa lawyer Donald Bayne said
a “foreign nation” has intervened with Herbaut and given the judge
additional documents. Diab’s legal representatives refused to name the “foreign nation” but said it is neither Canada nor France. Bayne told this newspaper there is nothing new in the those documents which he said contain numerous factual errors. This newspaper has not seen the documents. But
Judge Herbaut has apparently decided to re-open the case three months
after announcing its closure to give the new intervention a fair
hearing. After he closed the case in July, the judge gave
prosecutors and defence lawyers 30 days to respond with final
“observations,” as is normal practice in the French justice system. Herbaut
said that 10 days after receiving those responses, he would rule
whether Diab should be released and sent home to Canada, or go to trial
for the alleged terrorist offences. Diab’s French lawyers responded and urged the judge to finally end the case against the academic."
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/c