Alleged terrorist bomber Hassan Diab wants his bail conditions changed so he no longer has to wear a costly electronic monitoring device.
The 56-year-old Ottawa university professor is wanted by French authorities who accuse him of being involved in the murder of four people, and the injuring of several others, in a 1980 synagogue bombing in Paris.
Terrorists left an explosive device strapped to a motorcycle they parked outside the synagogue.
Diab’s lawyer, Don Bayne, told Justice Robert Maranger that the protracted, often-delayed proceedings have left the unemployed Lebanese-born academic with a mounting monthly surveillance bill of $2,500 — plus another $9,000 he had to set aside for deposits on the monitoring equipment.
Federal Justice Department lawyers oppose the move, saying that nothing has changed since the judge set the original bail conditions and that Diab remains a flight risk.
The proceedings — a preamble to the actual extradition hearing — have been going on intermittently for more than 14 months with Bayne and Crown prosecutor Claude LeFrançois regularly exchanging barbs.
The two are now accusing each other of being responsible for the delays.
There was more barely concealed ill-feeling between the two men Wednesday with Bayne accusing the LeFrançois team of “dilatory, non-expeditious conduct” and LeFrançois of rambling and pontificating.
The legal foot-dragging has delayed proceedings that Diab expected to be quick, Bayne said, and it was on that basis that he agreed to pay for the monitoring device. “It seemed reasonable at the time,” said Bayne.
There have already been two major delays: One in January and the other this month. Both had been targeted by Judge Maranger as start dates for the actual extradition hearing but arguments over evidence from the French government, translation of documents and other procedural delays have frustrated his plans.
Bayne said the proposed change in Diab’s bail conditions would be “modest” given other restrictions Maranger has placed on him.
Aside from electronic monitoring, Diab lives under a curfew, cannot go out alone and must report weekly to the RCMP.
He also has to stay within the boundaries of the City of Ottawa and away from Ottawa and Gatineau airports.
But most important, added Bayne, was the $250,000 surety, which is largely the responsibility of Diab’s common-law spouse, Rania Tfaily.
LeFrançois said Tfaily, a tenured professor at Carleton University, works full time, which leaves Diab at home alone.
“How can we trust him not to leave?” said the prosecutor, adding that Diab has a former lover in Montreal with whom he is alleged to have had terrorist connections.
But Bayne asked the judge to consider Diab’s faultless behaviour and prompt appearances at court since since his bail was originally set. He said Diab fears the financial drain of the monitoring equipment will continue if there are more delays.
“This is potentially limitless,” said the lawyer. “And he can’t work until all this is over. If it’s not onerous why doesn’t the attorney general (of Canada) pay for it?”
The hearing continues on Thursday.
