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Charkaoui asks court to toss case

Last Updated: Saturday, August 22, 2009 | 12:14 AM ET

Adil Charkaoui has asked the federal court to formally throw out the national security case filed against him by the federal government.Adil Charkaoui has asked the federal court to formally throw out the national security case filed against him by the federal government. (Ian Barrett/Canadian Press)

A Montreal man accused of terrorist ties has asked the federal court to throw out the national security case filed against him by the federal government.

Adil Charkaoui said he can’t explain the government’s recent actions to try to withdraw evidence from his case.

"It's crazy," he told CBC News. "We have the judge who [has] seen the evidence before they have withdraw those evidence, and she said they have no case against [me]. She said it publicly."

It was revealed on Thursday that three weeks ago, the government responded to a court order to disclose evidence by instead announcing it was withdrawing its most important evidence from the file.

The government said it still believes Charkaoui endangers Canada's safety but that disclosure would imperil national security. The surprise move could scuttle the whole proceeding.

Charkaoui said the motion is the only way for him to get the answers he's looking for about why he’s the target of a security certificate.

"It's why we are asking, we are sending a motion, to know the truth. It is personal, I don't understand. Who is in CSIS sitting and giving orders to give me hard times? I want to understand why," he said.

Charkaoui expects his bail condition will be lifted when the case returns to court next month. At that time, the judge will begin the process of deciding whether the security certificate is still valid.

The landed immigrant from Morocco spent two years in Canadian detention on a ministerial security certificate after his 2003 arrest on suspicion of links to al-Qaeda. Charkaoui, who denies having any links to the terrorist group, was released under tight restrictions two years later, including wearing a GPS locator on his ankle.

With files from The Canadian Press
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