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Politics : Canadian Political Free-for-All -- Ignore unavailable to you. Want to Upgrade?


To: Lino... who wrote (2995)8/22/2003 12:22:56 PM
From: DeplorableIrredeemableRedneck  Respond to of 37515
 
Probably Jean's/Jeannie's "coming out" party before he/she calls it a day>>>LOL!



To: Lino... who wrote (2995)8/28/2003 9:01:01 AM
From: DeplorableIrredeemableRedneck  Respond to of 37515
 
Adjudicator disputes terrorist scenario


By COLIN FREEZE and MARINA JIMENEZ
From Thursday's Globe and Mail

theglobeandmail.com

Related Stories
Bin Laden agents among 19 arrested: lawyers




An immigration adjudicator has called into question Ottawa's assertions about 19 detained men by ordering one of them freed from jail yesterday, ruling that there "does not exist a reasonable suspicion [to hold the man] on grounds of security."

The adjudicator's words contrast starkly with those of immigration officials who have suggested that the men — 18 Pakistanis and one Indian — are possibly an al-Qaeda sleeper cell. In a bid to keep them jailed, officials have further said the men lived in cohesive clusters and seemed to be interested in nuclear-power plants, the CN Tower, flight lessons and making explosives.

It is an ominous portrait that has been painted only in broad strokes as a police probe continues. Yet Aina Martens, a civil servant with quasi-judicial powers, presented a different picture when she presided over the detention hearing of a Pakistani suspect named Mohammad Akhtar.

Ms. Martens ruled that contrary to the government's allegations, she could find nothing at all to tie Mr. Akhtar to any kind of terrorist network or security threat. She suggested the crux of his case, a question of misrepresentation, is routine "day-to-day immigration business" that has somehow been manipulated into a national security issue.

She ruled that Mr. Akhtar can be trusted to turn up at a future hearing that will determine whether he can remain in Canada. He will be free to leave jail today should a family friend be able to post a $10,000 bond.

Different adjudicators in several nearly identical hearings yesterday ordered other suspects, who were all arrested in Aug. 14 raids under an investigation known as Project Thread, to remain in jail. The other adjudicators all said the new security laws allow for men to be locked up on "reasonable suspicion" while police continue to scour through 25 boxes of evidence and 30 seized computers.

Yet Ms. Martens, a member of the immigration division of the Immigration and Refugee Board, became the lone dissenter when she called for more conclusive proof and suggested the terrorism allegations are a complete red herring. When counsel for Immigration Minister Denis Coderre suggested Ms. Martens had made an error in law, Ms. Martens shut down debate and told the counsellor to save her arguments for the Federal Court of Canada.

Ms. Martens also dismissed a widely publicized four-page legal document in which authorities string together disparate incidents into a pattern of seemingly incriminating behaviour. She said none of it adds up to a reasonable suspicion that the men formed a possible al-Qaeda cell.

"If that [document] were true, however, why would anyone call attention to themselves by firing off a shotgun?" she asked. "And why would anyone go to a nuclear [power] station and ask to be admitted?"

While such allegations were made against unnamed members of a larger group, none were made directly against Mr. Akhtar. After appearing at the hearing in orange coveralls, the man who marked his 30th birthday in prison is said to be is overjoyed at the prospect of freedom.

"He said 'I am very happy,' " said Tariq Shah, his lawyer, after the hearing. ". . . He didn't understand why allegations of terrorism were levelled at him when he informed immigration every time he moved and never did anything wrong."

For its part, the RCMP says it knows of no threat to national security in relation to the 19 men. "However, the RCMP continues to pursue its inquiries into any possible terrorist links this file may uncover," said RCMP Staff Sergeant Paul Marsh in Ottawa.

Apart from the terrorism allegations, adjudicators have deemed other suspects untrustworthy and potential flight risks because they seem to have entered Canada by enrolling in the Ottawa Business College, a school the government insists was a sham. All of the arrests were the result of a joint RCMP and Citizenship and Immigration Canada investigation into alleged violations of the Immigration Act.

Government representatives point out that Mr. Akhtar said he attended the college for two weeks in September, 2001. Investigators argue, however, that the school was merely a diploma factory that had been shut down three months earlier, and yet somehow supplied him with thousands of dollars in receipts.

The government says it has receipts that show Mr. Akhtar spent $50,000 on his education during his three years here, and yet has no diploma to show for it. At the hearing yesterday, Mr. Akhtar showed flashes of anger and frustration and occasionally spoke, insisting he attended the Ottawa Business College briefly before switching schools. "One-and-a-half weeks, 10 days maybe," he said, in accented English, at the hearing.

While officials pointed out the 19 detained men lived with roommates, Mr. Akhtar said he could afford $750 in rent by himself. He denied having "associates" involved in terrorism. Authorities suggest that another school he attended is under investigation, and that he worked illegally as a clerk at a Mac's Milk.

Also yesterday, the Muslim Canadian Congress demanded an apology from the Immigration Minister and called for the release of all 19 men. The congress said officials had turned an immigration issue into a national security scare.

A friend of two of the detained men also called for their release. Faisal Zafar said Saif Ulla Khan and his brother Aqeel Ahmed are innocent and worked with him delivering pizzas at the Pizza Hut he manages in Mississauga.

"Aqeel was a nice person, punctual and not particularly religious or political. I would never think for a second this guy had anything to do with al-Qaeda," he said. Mr. Ahmed's aunt cried and asked reporters for a tissue at a detention hearing when he was ordered back to jail and was led away with his hands and feet in cuffs.

Seven detention-review hearings were held yesterday, but only five in public. The other two were held in camera, suggesting two of the detained have triggered privacy rules by claiming refugee status.

The remainder of the cases are to be heard today and possibly tomorrow. It is not known whether Ms. Martens will preside over any other cases.