Lawyers for some of the suspects in the alleged plot to bomb high-profile sites in southern Ontario are upset that a judge has placed a publication ban on the proceedings.

Rocco Galati, who represents 21-year-old Ahmad Ghany, said he will appeal the ban, arguing it's unfair because of the damaging allegations that have been made in public against his clients.

Rocco Galati, the lawyer for two of the 17 bomb plot suspects, is angry over police leaks: 'There is no way, in my professional view, that these accused can now have a fair trial.'
(CBC)

Defence lawyer Arif Raza echoed Galati, saying he sees no need for a ban now.

"Rather than have speculation in the press, I think that justice would be better served by accurately reporting what precisely had happened in the court."

The 12 adults and five youths were arrested in southern Ontario on June 2-3 and charged under the federal Anti-terrorism Act. Fourteen appeared in court in Brampton, Ont., on Monday as a judge set out the terms for their bail hearings.

The ban, which applies to evidence heard in court, comes as lawyers for some of the suspects claim their clients are being mistreated while they are in custody.

David Kolinsky, a lawyer representing Zakaria Amara, said his client was assaulted by one of the guards. He claimed that as his client was being searched, the guard touched his ribs.

"He's ticklish. He giggled a bit," Kolinsky said. He said the guard then pinned Amara down to the ground and drilled his finger into his cheek "quite hard and said, 'Is this funny?'"

Kolinsky added that the guard also flicked him quite hard on the eye.

Galati said his clients were being kept in rooms that are lit 24 hours a day and were denied access to the outdoors for the first five days.

"They have five minutes to eat their meals or they are taken away," he said.

"The accused are not aliens from another planet. They are Canadians accused under the Criminal Code. No more, no less."

When being taken somewhere by guards, they must walk with their legs upright and torso at a 90-degree angle with their arms stretched out, he said.

Galati also claimed that security officials are leaking information, which could compromise a fair trial.

He alleged Monday that "confidential police sources" were feeding information to the news media while lawyers were being kept in the dark.

"There is no way, in my professional view, that these accused can now have a fair trial. How is that possible?" Galati said to reporters outside the courthouse.

"The politicians and select members of the media are given heads-up of investigations, given heads-up of arrests. It is unprecedented."

Meanwhile, Galati alleges that defence lawyers have not been provided with any evidence, only allegations.

Meant to influence MPs, lawyer alleges

The adult suspects — who range in age from 19 to 43 and are all residents of Ontario — have been charged with a variety of offences, including knowingly participating in a terrorist group and either receiving or providing terrorist training.

Investigators identified them as individuals who were "inspired by al-Qaeda," the militant Islamic group that took credit for the Sept. 11, 2001, attacks on the United States.

Galati called the timing of the arrests suspicious and accused security officials of trying to influence members of Parliament, who will soon vote on whether to extend the Anti-terrorism Act, which became part of the Criminal Code in December 2001.

The MPs will soon vote on extending the law, which gives police the power to arrest people and hold them without charge for up to 72 hours if they're suspected of planning a terrorist act. It also makes it easier for police to use electronic surveillance in their investigation of certain offences.

Galati also alleges that the arrests were meant to sway this week's planned Supreme Court hearings on the constitutionality of the legislation.

'The accused are not aliens from another planet. They are Canadians accused under the Criminal Code. No more, no less.'-Rocco Galati, lawyer for a suspect
in the alleged bomb plot

Prior to these arrests, only one other person had been charged under the anti-terrorist provisions, which were introduced largely in response to the Sept. 11 attacks on the U.S.