Terror suspect lawyers complain over client treatment

Lawyers for some of the 14 Muslim terror suspects held in an alleged plot to blow up buildings complained at a bail hearing today about the treatment of their clients, saying one of them was beaten by a guard.

Fourteen of the 17 men arrested – including five teenagers – appeared today at the Ontario Court of Justice in Brampton, just west of Toronto. Another is scheduled to appear on July 4 and two others are already in prison on unrelated weapons charges.

The five teenagers appeared in court wearing white T-shirts and chained together as the hearing got under way.

Lawyers for some of the adult suspects said their clients were being kept in solitary confinement, that one was beaten by a guard yesterday, and that they are not being given enough time with their families.

While defence lawyers were talking about abuse, two of the suspects raised their hands and one of them said “torture” and the other said “torture, straight up.”

Prosecutors later suddenly asked the judge to ban the media from reporting on any of the detailed allegations. Canadian law allows judges to institute bans against publishing details from court hearings in an effort to protect the suspect’s right to a fair trial.

Attorneys arguing for the defence were opposed to the ban as well as a lawyer representing The Associated Press and the Toronto Star.

“It is not enough for the crown to stand up and say the media interest in the case is big therefore there should be a ban,” said Ryder Gilliland, the lawyer for the media.

Rocco Galati, who represents Ahmad Mustafa Ghany, 21, was not only opposed to a ban but said he would introduce a motion asking that there be live television broadcasts of the hearings so the public has access. He said too much of the case is being played out in newspapers based on leaks by police sources.

A crush of media descended on the courthouse as a large police presence, including snipers on rooftops, kept watch.

Outside court, Galati questioned whether the suspects could get a fair hearing.

Galati said the defendants have been already declared guilty by government officials as well as by

some Muslim community leaders.

“Within mere days of the arrests, the prime minister of Canada and the mayor of Toronto publicly declared the guilt of the accused,” Galati said.

The Royal Canadian Mounted Police announced on June 2 that authorities had foiled a terrorist attack on targets in Ontario, saying the men had obtained three tons of ammonium nitrate, three times what was used in the 1995 Oklahoma City bombing that killed 168 people.

The news has roiled Canadians, who have widely viewed themselves as immune to such homegrown hatred, unlike their neighbour to the south. But Canada has become a named target for Islamic extremists due to its dominant Christian base and close ties with Washington.

Following the September 11, 2001, attacks, Osama bin Laden and his al Qaida terrorist network named Canada as one of the top five countries ripe for attacks.

Each suspect is charged with one count of participating in a terrorist group. Three of them – Fahim Ahmad, 21, Mohammed Dirie, 22, and Yasim Abdi Mohamed, 24 - also are charged with importing weapons and ammunition for the purpose of terrorist activity.

Nine face charges of receiving training from a terrorist group, while four are charged with providing training. Six also are charged with intending to cause an explosion that could cause serious bodily harm or death.

A defence lawyer for one suspect said last week that prosecutors would argue some of the Muslim defendants were plotting to storm Parliament, take politicians hostage and behead them unless Canada withdrew its troops from Afghanistan.

Some Canadians have expressed fear of an anti-Muslim backlash. After the arrests were announced, the windows of a Toronto mosque were smashed. On Friday, a prominent imam was attacked outside his Montreal mosque by a knife-wielding man in what police said was a hate crime.

On Saturday, Prime Minister Stephen Harper held a closed-door meeting with Muslim community leaders to discuss the fallout from the arrests. Participants said academics, activists and imams expressed a range of views about the possible motivations of the suspects.

“It’s about time Muslims owned up to the fact it’s a Muslim problem,” said Farzana Hassan-Shahid of the Canadian Muslim Congress, adding she believes the community must forcefully denounce extremism.

“We need to be more proactive, rather than issue statements of condemnation.”