No evidence Khadr a risk to Canadians, his lawyers say
Last Updated: Thursday, August 7, 2008 | 10:55 PM ET
CBC News
Lawyers for Abdullah Khadr, the eldest son of a family accused of ties to al-Qaeda, argued Thursday that evidence used to deny their client bail after his 2005 arrest was inadequate.
Defence lawyers said there wasn't sufficient evidence to support an Ontario Superior Court justice's ruling that Khadr, who has been in jail for over two years awaiting an extradition hearing, posed a flight risk and that al-Qaeda could help him escape the jurisdiction.
There has also been no evidence presented, defence lawyers said on the second day of Khadr's bail hearing, that indicates their client's release would put Canadians at risk.
Khadr, 27, was arrested in Toronto in 2005 at the request of U.S. authorities, who have accused him of being a weapons dealer to al-Qaeda and of conspiring to kill American soldiers outside the U.S.
If deported, Khadr would face four charges in the U.S., among them conspiracy to kill American soldiers in Afghanistan and conspiracy to use weapons of mass destruction.
The American case against Khadr is based entirely on confessions obtained from him while he was being tortured in Pakistan, Khadr's lawyers argued Thursday. Khadr returned to Toronto on Dec. 7, 2005, after a year in custody in Pakistan, where it was unclear who held him and why he was released.
Khadr's lawyers say they want their client released on $300,000 bail, pending lengthy deportation hearings scheduled for the fall.
Outside the Toronto courtroom, Zaynab Khadr said she hopes for her brother's release.
"I have faith, but what happens tomorrow is not in our hands," she said.
Khadr's lawyers are also arguing that testimony given Thursday by an RCMP officer who played a key role in Khadr's investigation did not make any direct links between Khadr and al-Qaeda.
A binder filled with details of the officer's evidence, obtained by CBC News, showed that Khadr's sister, Maha Khadr, was found with a laptop containing information related to terrorist organizations. It also made similar connections with the late Khadr family patriarch, Ahmed Said Khadr, who had ties to al-Qaeda leader Osama bin Laden.
The binder, however, contained no information to substantiate the claim that Abdullah Khadr was affiliated with terrorist organizations, according to the CBC's Erik Denison, reporting from the courtroom.
The defence lawyer's arguments came a day after Khadr's prosecutors asserted that Muslim extremists frequented the Toronto Islamic Centre that offered to contribute $50,000 to Khadr's bail payment.
Crown attorneys are expected to make their case on Friday as to why Khadr should remain in jail until his extradition hearing in the fall.
Khadr is the older brother of Omar Khadr, 21, who is awaiting military trial at the U.S. naval base in Guantanamo Bay, Cuba.
With files from the Canadian Press
