by Andrew Duffy , Canwest News Service
Source: Canada.com National News
URL: [link]
Date: October 07, 2008

OTTAWA - Ottawa terror suspect Mohamed Harkat learned Tuesday that he will see more of the previously secret evidence that national security agents have collected against him.

Federal Court Justice Simon Noel revealed that Crown prosecutors are preparing a new series of disclosures to be made to Harkat and his defence team. That evidence is also expected to be made public.

Harkat welcomed the development in his security certificate case, which began with his arrest in December, 2002.

"At least this time, I will know the questions I have to answer," he said outside court.

Harkat's lawyer, Norm Boxall, said the disclosure suggests the new security certificate process is working. "Is it moving in the right direction now that there's more disclosure coming? Yes, it is," he said.

During his initial hearing, which concluded in March, 2005 with a finding that he was a national security threat, Harkat knew little of the case against him. No government witnesses were called in public, which meant that Harkat's lawyers were unable to cross-examine any of the witnesses who had supplied evidence against their client.

That secretive process was struck down as unfair last year by the Supreme Court of Canada. The high court said the process was fundamentally unjust because it denied accused terrorists the right to meet the case against them.Under the new security certificate system devised by Parliament earlier this year, Harkat is represented in secret hearings by two special advocates, who act on his behalf but do not communicate with him.

Those special advocates, Paul Copeland and Paul Cavalluzzo, took part last month in eight days of secret hearings in the Harkat case.

Behind closed doors, the special advocates successfully argued that the government should be compelled to better substantiate its claims against Harkat.

Noel agreed and ordered the federal government to disclose "drafts, diagrams, recordings and photographs" that have been collected by the Canadian Security Intelligence Service (CSIS) during their investigation of Harkat, a former pizza delivery man who is alleged to be an al-Qaida operative.

The detailed evidence, CSIS said, will take up to six months to compile since it will involve thousands of records dating back to 1995, when Harkat first arrived in Canada from Pakistan.

CSIS alleges that Harkat operated a guest house for jihadists in Pakistan and travelled to Afghanistan in the early 1990s.

Harkat, who denies any connection to terrorism, is now living under strict bail conditions in Ottawa.

Harkat will be back in Federal Court Wednesday, seeking to win the right to move to a new Ottawa condominium. He currently lives in the basement of a home owned by the jilted lover of Harkat's mother-in-law.

The federal government has agreed to the move provided that all of the current monitoring provisions remain in place at the new residence. The only outstanding issue appears to be the condo corporation's refusal to install video cameras outside Harkat's new home.

© Ottawa Citizen 2008

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