Toronto bomb plot case to go directly to trial
Last Updated: Monday, September 24, 2007 | 1:26 PM ET
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Federal prosecutors moved Monday to stop the preliminary hearing for the suspects accused of plotting to blow up buildings in southern Ontario in June 2006 and will proceed straight to trial.
In exceptional circumstances the deputy attorney general or attorney general may proceed by direct indictment and bypass a preliminary hearing. A defence lawyer is calling Monday's move an abuse of process.
The 14 adult males and one youth face a number charges stemming from allegations they were involved in militia-style training in the bush north of Toronto, as well as plotting to blow up hydro installations, the Canadian Security Intelligence Service and Canadian Broadcasting Corporation buildings in downtown Toronto.
The accused had been facing a preliminary hearing in a court in Brampton, Ont. — all under a publication ban — until prosecutors decided to send the case forward.
"It's devastating for my client's position to have this proceeding cancelled at this time," said Ansar Farooq, the lawyer for Qayyum Abdul Jamal, a 43-year-old prayer leader linked to the group, and the oldest person charged in the sweep.
Jamal faces the most serious charge in the alleged plot — planning to cause a deadly explosion. Other charges laid against him include participating in the activities of and receiving training from a terrorist group.
Farooq said the preliminary hearing has exposed serious problems with the Crown's case.
"They've done this in the midst of the examination of one of the key witnesses. We haven't had the opportunity to cross-examine any of the other key witnesses," he said.
Farooq said that based on how things were going, his client fully expected to have his charges stayed. Moving straight to trial denies his client the chance to have a judge decide whether there's enough evidence.
Prosecutors would only say they are taking this step in the public interest. The evidence from the Crown's key witness, who's been on the stand in recent days, remains under a publication ban.
In the high-profile case, police conducted a series of raids in Ontario in June 2006 that led to the arrest of 17 suspects, with an 18th arrest two months after the initial sweep.
Earlier this year charges were stayed against three of the accused, leaving 15 males still facing charges.
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