Judge reserves decision in first terror trial

Very little should be read into the fact the judge reserved his decision. Even in the clearest of cases, where there has been more a day or so of evidence, judges usually reserve to consider the form of their decision. Here there is extensive evidence and a strongly presented defence. That said, my sense is a conviction is likely but that's all in the hands of Justice Sproat and remember if he has any reasonable doubt he must acquit. It's not good enough for the judge to think the accused probably did it -- the judge must be pretty well certain to convict.

COLIN PERKEL
The Canadian Press
Fri, 8 Aug 2008
19:54 EDT BRAMPTON, Ont. —

The fate of the first person tried in an alleged homegrown terrorist conspiracy to "cripple Canada" that captured headlines around the world two years ago rested with an Ontario judge Friday as his trial ended with the defence pressing for his acquittal.

Superior Court Justice John Sproat was left to decide between defence suggestions the plot was a "jihadi fantasy" the accused knew nothing about, and Crown assertions he was a knowledgeable and willing participant in a potentially deadly conspiracy.

In wrapping up two days of defence closing arguments, lawyer Mitchell Chernovsky argued a statement the accused gave police just hours after his arrest in June of 2006 was a "dramatic piece of evidence" that proves his client was unaware of any terrorist plot.

For example, the lawyer told Judge Sproat, the accused was genuinely stunned to hear police had seized bomb-making chemicals during the arrests of his alleged co-conspirators."Hold on. Hold on. Before you go on," the accused interrupts RCMP Sgt. John Tost during the videotaped interrogation. "Bomb-making? We? We?"

"That was not staged," Mr. Chernovsky said. "No one could stage that. That was absolutely sincere."

http://m.avantgo.com/ui?ag_url=52616e646f6d4956a67a98ef203f90346d225e2e2180ad27fd77236cb9f7ca586b262707c1801504fa0cca32c922883d3f7cb0b4de19bcdff0f69a52670ef416ce29fa75642fd45a803733d09a57cfac&ag_channel=4179&showNav=0&ms=globeandmail
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4