It’s for French authorities to decide whether computers owned by the former common-law wife of an alleged murderer contain evidence relevant to their case, a Crown attorney argued Tuesday.
Claude LeFrancois said the contents of computers owned by the former spouse of Hassan Diab should be turned over to officials in Paris who have charged the former Carleton University professor with four counts of murder in relation to the 1980 bombing of a synagogue in the French capital.
“It’s not for the Crown or the police to examine the (computers) and find what’s relevant or isn’t,” said LeFrancois.
RCMP officers seized the computers — one at the office of Rania Tfaily, who works at the university, and one at the home she shared with Diab — after swearing an affidavit it was possible they contain communications between Diab and individuals who may have been connected to or sympathized with the Popular Front for the Liberation of Palestine, a group French authorities believe was behind the bombing that killed four people and injured dozens more.
Defence lawyer Rod Sellar said the actions of the RCMP violated Tfaily’s charter rights, which protect against unreasonable search and seizure.
"(The Crown) doesn’t have a shred of evidence that there’s evidence to be found,” said Sellar. “The French government has asked for this material without reasonable and probable grounds.”
LeFrancois pointed to the fact the RCMP believe it’s possible Diab mentioned the bombing in an e-mail using one of the computers. The prosecutor said it’s reasonable to suggest there may be more evidence on the computers.
“They both worked in the same place and they lived together,” said LeFrancois, suggesting Diab would have had access to both computers. “If there are computers on these premises, they can be used by him.” Sellar said the computers will be of no assistance to authorities.
“The reason is,” he said, “there’s nothing there.”
terri.saunders@sunmedia.ca
