Tuesday, July 31, 2007

Two youth in Toronto Terror bust go free - Omar el akkad

BRAMPTON, ONTARIO — Charges against two more youth suspects in Canada's most high-profile anti-terrorism bust were stayed Tuesday.

While there are still some conditions to which the two young men must adhere, the agreement between Crown prosecutors and defence lawyers to stay the charges effectively means the youths' involvement with the case is over. In total, three of four youths taken into custody in the case are now free, months before trials for any of the remaining 15 suspects are expected to begin.

By law, none of the youths can be named.

The decision to stay the charges became official in a Brampton courtroom comes 14 months after police arrested 17 Toronto-area suspects and charged them with participating in a terrorist training camp and plotting to blow up Canadian landmarks. Another person was arrested later in the year.

The deal had been in the works for several weeks. It is believed there was disagreement between the two parties over some of the conditions that would be imposed on the youths, but defence lawyers and prosecutors managed to reach a deal, thereby avoiding a trial, something that likely would have taken another year or longer.

”The apprehension, arrest and prosecution for terrorist-related offences has had a devastating impact on this young man and his family,” lawyer Nadir Sachak said of his client, one of the young suspects. ”This resolution is the first step toward his recovery from the emotional and psychological scars sustained as a result of this ordeal.

Hopefully, from this moment onwards, my client will be able to lead a normal, productive and meaningful life.”

Both youth suspects will have to abide by relatively minor conditions – they cannot associate with any of the other suspects and must undergo counselling.

By comparison, the bail conditions imposed on Mr. Sachak's client for the past year have been far more harsh: He could not use the phone except to talk with his lawyer, was prohibited from using a computer and could not leave the house unless accompanied by one of the people who stood as his sureties. With the charges stayed, those conditions are lifted.

In June, 2006, a team of police and intelligence agencies conducted one of the biggest and most complex anti-terrorism raids in Canadian history, arresting 17 suspects across Toronto. Toward the end of the summer, an 18th suspect was also arrested.

The charges against the remaining suspects involve two distinct allegations, one relating to a terrorist training camp, the other to a plan to blow up Canadian landmarks using fertilizer-based explosives.

All but four of the suspects were adults, and none of the four youth suspects faced charges relating to the alleged bomb plot.

In the months after the arrests, it became clear to observers that the alleged level of involvement in the various plots was not uniform among all those charged. The Crown's key witness to the alleged training camp, an RCMP informer named Mubin Shaikh, recently told The Globe and Mail that he believes some of the suspects in the case are not guilty and should be released.

In late February, charges were stayed against the youngest of the 18 suspects.With Tuesday's court decision, there remains only one youth suspect facing charges. Neither he nor the 14 adult suspects have begun their trials yet.

The preliminary hearing for the adult suspects continues in Brampton this month. Both Mr. Shaikh and a second agent are expected to testify during the proceedings. The second agent – who may be in witness protection and thus cannot be identified – is believed to have been involved with the alleged bomb plot.

The content of his and others' testimony, however, will not be made available to the public – all evidence from the preliminary hearings is under a publication ban.