The lawyer for an accused terrorist told an extradition hearing in Edmonton on Monday that his client only watched from the sidelines when a suicide bombing killed five American soldiers in Iraq three years ago.
Sayfildin Tahir Sharif, a Canadian citizen, faces murder charges in the deaths of the soldiers who were killed on Apr. 10, 2009, when a truck filled with explosives blew up near the gate of Forward Operating Base Marez in Mosul, Iraq.
Sharif is also charged with conspiring to kill Americans abroad and providing material support to a terrorist conspiracy.
Justice Adam Germain of Court of Queen's Bench is hearing arguments on whether Sharif, 40, should be extradited to the United States to face the charges.
Defence lawyer Bob Aloneissi argued that the evidence does not prove his client played an active role in two 2009 suicide bombings, nor does it suggest that Sharif helped get the truck and bombs used in the attack.
But the lawyer for the Attorney General of Canada argued the evidence shows that Sharif was deeply embedded with a terrorist network, and counselled and preached to its members.
Earlier on Monday, the judge ruled that more 10 hours of videotaped interrogations by the RCMP and FBI can be used as evidence in the hearing.
Sharif is also known as Faruq Khalil Muhammad 'Isa or Tahir Sharif Sayfildin, according to U.S. authorities.
Sharif is an ethnic Kurd who was born in Iraq. He came to Canada in 1993, living in Toronto briefly before moving to Edmonton.
Sharif has been in custody since he was arrested at his Edmonton apartment in January 2011.
The extradition hearing will continue on Tuesday.