A lawyer for an Ottawa man accused of bombing a Paris synagogue in 1980 told an Ottawa court Thursday that the French government’s case against him is based on flawed handwriting analysis and unreliable intelligence reports.
Four people died in the attack and dozens were injured.
Donald Bayne argued that five words on a hotel registration card that are said to implicate Hassan Diab were really written by his former wife.
The defence submitted nine exhibits, including opinions from Canadian, British and American handwriting experts and a document from a French expert saying intelligence reports are often unreliable and should not be used as evidence.
The hearing was held to determine whether the evidence French investigators submitted should be considered at an extradition hearing scheduled on Jan. 4.
Mr. Bayne said there are significant differences between intelligence and evidence because the sources and circumstances of the information that intelligence agents provided is shrouded in secrecy.
“There is a profound and fundamental problem with the evidence,” Mr. Bayne said. “Not only does it rely on Hassan Diab’s handwriting -- it is demonstrably false.
“The French are looking at the printing on a hotel registration card from 30 years ago. They stated erroneously that the handwriting was that of Dr. Diab. It is appalling procedure for the French to have followed that kind of assumption without evidence.”
One defence expert said he had never seen such inferior work in 30 years and added no competent handwriting expert could have come to the same conclusion.
Assistant Crown attorney Claude LeFrancois told the court it is a “generous interpretation” to argue that French investigators mistook a woman’s writing for Mr. Diab’s. He added it is not obvious that the French intelligence reports are wrong.
Mr. Diab remains free on bail under strict conditions that include electronic monitoring, a curfew, and a promise not to leave his home unaccompanied.