Toronto Ontario: 14 accused terrorists go directly to trial

BRAMPTON - The case against 14 men who were arrested in Canada's largest terrorist sweep will go directly to trial, after federal prosecutors stunned the accused and their lawyers by suddenly stopping a preliminary hearing.

Many of the lawyers for the Toronto-area men accused of plotting to detonate truck bombs were "totally shocked" when Crown attorneys announced in the morning that they would be filing a direct indictment against their clients.

The preliminary hearing had been proceeding for almost four months.

Yesterday, Justice Peter Wilkie stayed all of the charges. The men were rearrested, recharged and will be subject to bail hearings before the case goes to trial.

A few of the accused are now facing new counts, while others had some charges dropped.

"It's a stain on the administration of justice to deprive these accused persons of their constitutional right to have an effective trial," said Paul Slansky, a defence lawyer, outside the crowded courtroom.

The federal Crown attorneys did not give reasons for the man-oeuvre. A ban prevents the publication of any evidence heard in court.

Defence lawyers charged that prosecutors may have filed the direct indictment out of a concern that some of the accused would be discharged after the preliminary hearing.

"We can't discount the political implications of this prosecution -- showing the world that we're tough on terrorists," said Raymond Motee, who represents Ibrahim Aboud.

For the state, this case tests Canada's ability, before a world audience, to find, seize and prosecute members of sleeper cells.

Since last year's terror sweep in which 18 suspects were rounded up, the charges against three of the youths have been stayed. Two men have been granted bail and defence lawyers were eagerly anticipating the opportunity to cross-examine witnesses and test the evidence during the preliminary hearing.

Michael Moon, the lawyer for one of the accused, Steven Chand, called the truncated preliminary hearing a "massive waste of taxpayers' money."

His client faces an additional charge: counselling to commit fraud for the benefit of a terrorist group. Mubin Shaikh, a police informant who infiltrated the alleged terrorist group, has previously said in media interviews that Mr. Chand is innocent.

Zakaria Amara, one of the suspected leaders of the group, is facing another charge of instructing a person to carry out a terrorist-related activity. Prosecutors dropped a charge of training at a militant camp in Northern Ontario against Jahmaal James but further accused him of receiving terrorist training in Pakistan. His lawyer, Donald McLeod, said that Mr. James visited to Pakistan to get married.

Also, Mohammed Dirie and Yasin Abdi Mohamed, two Toronto men who were arrested in 2005 for attempting to smuggle semi-automatic handguns into Ontario, each have one fewer charge: providing property to a terrorist organization.

Defence lawyers were surprised by the announcement to go directly to trial because they say the Crown attorneys had agreed not to proceed with a direct indictment; in exchange, the defence lawyers allowed it to enter certain evidence uncontested.