By YayaCanada OTTAWA - Friday, November 4, 2005 Counsel for CSIS begins Summations Without meaning to be critical, and although the microphone was used this time, CSIS lawyer Donald McIntosh spoke so rapidly and at such length, and read so copiously from various documents and precedents, it was almost impossible to take notes. Fortunately, Judge Lemieux summed up the salient points of the first segment of counsel's summation as follows:
Judge Lemieux asked him how much longer he would need to complete his summation and he replied another hour at least, and that Mr. Mathison would also need an hour. By this time it was very late in the afternoon, so the Judge attempted to get agreement on a date to which to adjourn. Since Mr. Mathison could only come back on Monday the 7th, and would be away for two weeks after that attending to matters he couldn't discuss, and Mr. McIntosh could not come on Monday, but could come on Tuesday, Judge Lemieux decided that Mr. Mathison should be heard immediately, and that Mr. McIntosh should complete his summations on Tuesday the 8th, on which day Defence counsel would also have an opportunity to reply. Summations of CSIS counsel James Mathison Mr. Mathison announced that he would speak to "Harkat's credibility and his credibility as relates to release risk". He said that Harkat is no more believable today than when Judge Dawson made her decision. He said that contrary to what Defence Counsel says, there have been alterations in Harkat's story. He lied about and later admitted to having an alias. And in his "relationship" with Khadr, he was not forthcoming with CSIS. [ The alias Mr. Mathison refers to was apparently only a nickname given to Harkat because there were so many Mohameds where he worked. On his nametag was written "Abu Muslim" at the top, and Mohamed Harkat at the bottom. His passport was, of course, a false one, as is the case with many refugees who can't get out of their country any other way, but at the first opportunity, Harkat gave the Canadian authorities his correct information. [ From what I recall of Harkat's testimony in the security certificate hearings, he insists that he did not have a relationship with Khadr. He said he knew nobody in Canada except some names he had been given of people in the Muslim community who would assist him once he got here. One of those people offered to drive him to Toronto to complete his documentation, and Khadr was in the car as well. Harkat said he did not know who Khadr was, and did not understand any of the conversation between Khadr and the driver since they spoke in Egyptian, and additionally that his mind was on other things - such as worry over whether he would be able to get refugee status. ] You have to ask yourself "why the lie?" said Mathison. Harkat lied under oath, Mathison continued. He denied knowingly assisting Islamic extremists, he denied his association with Abu Zubaydah, and that he lived in Peshawar. When Harkat was asked if he would do anything to get out of jail, his answer was yes. [ Harkat has said he would agree to any bail conditions set down by the Judge; this appears to have been construed as meaning he was willing to lie to get out of jail. ] Given his track record, said Mathison, and the findings of Judge Dawson it has been established that he lies, and lies under oath. Harkat's supporters, he said, are "well meaning, sincere people* who want to see him released - even under onerous conditions". Harkat, on the other hand, has not established goodwill or sincerity or a situation of "no grounds for denial" of bail. Mr. Mathison expressed amazement at the breadth and depth of the proposed bail conditions and concern as to their "workability". "You don't want to impose things designed to fail." Harkat is upset at being in jail, as anyone would be. He has concerns over deportation as anyone would. He has nightmares, but his PTSD is not something that developed over time. If he was ill, why did he not seek medical attention? [ Read Dr. Cameron's characterization of Harkat's personality wherein he states that Harkat does not readily admit to having difficulties. ] In conclusion, Mr. Mathison said that Harkat "would drag good, well meaning people down the garden path to destruction and loss of assets." Court adjourned to Tuesday, November 8th at 9:30 am. Nov. 8 - completion of CSIS counsel summations and reply by Defence * YYC: I am one of the signed sureties that Mr. Mathison characterizes as "good and well meaning". I can tell you that with regard to myself - and certainly this applies to some other supporters - I am not as good and well meaning as one might think. My concern in all of the secret trial cases is that the Canadian justice system is being dragged by the government and by CSIS "down the garden path to destruction". Whether or not Harkat is guilty of anything, all residents of Canada are legally entitled to know what charges and what evidence exists against them, and to be judged by their peers in open court. If we allow this fundamental right to be trampled, where will we end up? Who will be next on the secret trial list when the focus shifts from people branded as Islamic extremists to other members of society deemed to be "Al Qaeda" sympathizers, as is beginning to happen in the United States? Secret police and secret trials have no place in a democracy. Having said all that, I have less and less doubt every day that Harkat will abide by his bail conditions. Related: Al-Qaeda family: Khadr yayacanada.com Main Page - "Abolish the Security Certificate" |