Heresay Okay for Khawaja: Another Red Letter Day for Canadian Justice
by C. L. Cook
The case of accused Canadian, Momin Khawaja, an alleged terrorist wannabe, broke again new ground in Canadian jurisprudence in Ottawa last week (July 25, 2008) when Justice Douglas Rutherford deferred ruling on the admissibility of "evidence" in the case defence lawyer, Lawrence Greenspon argued was heresay.

Justice Rutherford allowed instead the testimony of Mohammed Junaid Babar, convicted in Britain as an operative of al-Qaida, (the shadowy organization long claimed to have masterminded the 9/11 and other terrorist attacks), and current agent for various government legal proceedings against Muslims held in Britain and elsewhere alleged to have ties to Osama bin Laden's reputed network. Rutherford ruled Babar's testimony would remain "in play" for the time being.

 

Greenspon had maintained the Crown should regard first evidence provided from the other members of the alleged bomb plot Momin Khawaja is accused of conspiring with, rather than from British convict Babar. Justice Rutherford rejected that argument, saying he doubted he could get truthful testimony from the long-held prisoners.

Greenspon expressed frustration at the ruling outside the court, saying;

• "I'm disappointed about that decision. There are some critical elements that we will be arguing there simply is no evidence at all [for]."

 
The case is scheduled to resume August 19th, when Greenspon is expected to file for "non-suit," an attempt to dismiss hearings for lack of credible evidence.

Khawaja has been held in Canada for more than four years without due process, his case only now being heard.