MOHAMED HARKAT lied about his past under oath and the feds have reasonable grounds to deport him, a federal court judge ruled yesterday. Justice Eleanor Dawson's decision comes as another blow to Harkat who has been fighting allegations of having links to terrorism for two years. Dawson also ruled the legislation being used against him is constitutional. "I'm disappointed," said Harkat's lawyer Paul Copeland. But despite the loss, Copeland said Harkat's deportation is not imminent. "The minister's delegate still has to decide whether or not it's appropriate to send him back to Algeria (where he could be tortured or killed)," said Copeland.Copeland said Harkat can still challenge the assessment of the risk Harkat would face in Algeria. He said he also plans to attempt to appeal to the Supreme Court of Canada. Alex Swan, a spokesman for Public Safety Minister Anne McLellan, said the decision upholding Harkat's security certificate validates the government's case that he should be removed from Canada. Swan said the certificate can't be appealed and the Canada Border Security Agency will be looking at a number of issues before Harkat is deported. However, he said it's "too soon to say" when that deportation will take place. BIN LADEN FOLLOWER

Harkat was arrested in December 2002 on a special security certificate issued by the government. Since arriving in Canada in the mid-1990s he has been under a cloud of suspicion that he is a member of Osama bin Laden's terror network and worked to help terrorists here in Canada and abroad. Last year, Harkat and his lawyers tried to fight the security certificate that leaves him facing deportation arguing that it had no foundation. But in the ruling, Dawson poked holes in the testimony of Harkat basing a portion of her decision on confidential information not released to Harkat or his lawyers. While that information may have been secret, it was apparently very damaging. "On the basis of the confidential information it is clear and beyond doubt that Mr. Harkat lied under oath to the court in several important respects," wrote Dawson. "Including his denials that he knowingly supported or assisted Islamic extremists, assisted Islamic extremists who have come to Canada, was associated with Abu Zubaydah, was in Afghanistan and lived in Peshawar." Dawson wrote that the confidential information the government presented was "credible and reliable information coming from a number of independent sources, many of whom are corroborated." Dawson also wrote that she has issues with some of Harkat's public testimony he made to the court last summer. Dawson was particularly concerned with how Harkat was able to obtain a job in Pakistan and save $18,000 while working there. She also raised issue with how he came to be in a car on Hwy. 401 with Ahmed Said Khadr, a known associate of Osama bin Laden. FALSE PASSPORT

Harkat's lawyers did win one point when the judge gave no weight to evidence obtained from Abu Zubaydah, an accused terrorist held abroad, who allegedly identified Harkat by his photograph. The judge ruled that too many questions about the man's treatment and the photograph he identified made the testimony worthless. Harkat came to the attention of Canadian security authorities when he entered Canada through London, England. His arrival here was the culmination of a long journey beginning with his 1990 escape from Algeria where he became involved with an Islamic political group. After attempts to use a false passport failed, Harkat travelled to Malaysia and on to England and then Toronto. john.steinbachs at ott dot sunpub dot com Copyright © 2005, Canoe Inc. All rights reserved.