A Toronto man accused of plotting to join a Somali terrorist group will proceed directly to trial, with no preliminary hearing.
The decision came down in a Brampton courthouse Wednesday morning, nearly nine months after Mohamed Hersi was arrested at Pearson airport as he awaited a flight to Cairo. Police allege this would have been his first stop en route to Somalia to join al-Shabab, an al-Qaeda-linked group on Canada’s list of banned terrorist organizations.
Crown attorney Iona Jaffe said the decision to skip the preliminary hearing was taken “in the public interest to move things along,” but Mr. Hersi’s lawyer was highly critical outside court.
“From our perspective we should have had the preliminary hearing,” lawyer Anser Farooq said. “It gives us time to refine the issues.”
Proceeding directly to trial means the matters to be dealt with by the trial judge will be more complex, Mr. Farooq said, adding the preliminary hearing could have led to charges against Mr. Hersi being dropped before the case ever reached trial.
“If we had that opportunity, it may have been we could have convinced the court there’s no reason to send it to trial,” Mr. Farooq said. “That opportunity has now been taken away from Mr. Hersi.”
While the defence could challenge the Crown’s move, Mr. Farooq said, such challenges were rarely successful and Mr. Hersi lacked the resources to mount one.
A similar decision in the high-profile Toronto 18 terrorism case halted the preliminary hearing midstream, but otherwise it is “very seldom” done, Mr. Farooq said.
The accused, flanked by several family members, declined to comment outside court.
Mr. Hersi, who was freed on bail in April, stands charged with two terrorism offences, including attempting to participate in a terrorist group and counselling another person to do the same. His arrest was the result of a six-month investigation called Project Severe, which began when his former employer became concerned about his online activities and contacted police.
In announcing the charges this past spring, the RCMP and Toronto police deemed the spread of al-Qaeda beliefs into Canada a serious concern. Al-Shabab, which wants to overthrow Somalia’s United-Nations-backed government to establish an Islamic state, was banned by Ottawa as a terrorist organization amid concerns it was attempting to radicalize young Somali Canadians.
Mr. Hersi is scheduled to appear in court again next month.
Source: The National Post
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