Khawaja loses bid to have terrorism charges dropped

Mohammad Momin Khawaja's terrorism trial will go ahead after a judge Monday rejected the Ottawa software developer's attempt to have the charges against him quashed.

Justice Douglas Rutherford of the Ontario Superior Court ruled that the Crown had presented enough evidence for the trial to continue.

Khawaja, 29, is facing seven charges of financing and facilitating terrorism for his alleged connection to a failed 2004 plot to bomb a British nightclub, shopping centre and other public sites. Khawaja is accused of building the remote-control device for detonating a bomb and participating in terrorist training sessions and meetings, among other things.

He has pleaded not guilty and is being tried by Rutherford in Ottawa without a jury.

His lawyer, Lawrence Greenspon, argued in a motion last month that charges should be thrown out because the Crown had not made a strong enough case.

But Rutherford said Monday there would be enough evidence to find Khawaja guilty on "any or all of the counts." He said if a properly instructed jury were hearing the case, it could reasonably conclude that Khawaja was a "knowing participant" in the plot.

Crown witness said Khawaja went to Pakistan camp

In June and July, a star Crown witness testified that Khawaja had attended a terrorist training camp in Pakistan in 2003 and delivered supplies to various operations. The Crown also noted that the RCMP found, in Khawaja's home, a remote control that can be used for triggering explosions. As well, British officials had information that suggested Khawaja visited with his alleged co-conspirators and discussed remote-control technology with them.

E-mails Khawaja sent to his ex-fiancée, discussing his support for the Sept. 11 attacks on the United States, among other things, were also submitted as part of the Crown's evidence.

Rutherford read from letters extensively on Monday, and said they show there was a "web of commonality" between Khawaja and others with a strong interest in anti-Western beliefs.

Rutherford also dismissed Greenspon's argument that Khawaja was training in Pakistan because he wanted to fight in Afghanistan, not participate in a bomb plot in the United Kingdom. He said the training camp could be viewed by a jury as a "retreat for like-minded jihadists" as compared to people serious about going into battle.

No decision on whether accused will testify

Outside the courthouse Monday, Greenspon said he still believes the evidence against his client is weak and that a higher standard of proof would be needed to find Khawaja guilty.

Greenspon noted that to lose the motion, known as a motion of non-suit, is not the same as losing the trial.

"There is a world of difference between a non-suit motion and the criminal standard of beyond a reasonable doubt," Greenspon said.

If the motion had been successful, the judge would have dismissed some or all of the charges against Khawaja. Such motions are common defence tactics. The hope is the judge will find the evidence too weak and rule that the accused must be acquitted.

The defence is expected to announce Tuesday whether it will present its own evidence or go straight to closing arguments. Greenspon has said calling Khawaja to the stand was a possibility, but hasn't said how likely it would be.

Khawaja was arrested in Ottawa four years ago, becoming the first person charged under Canada's Anti-terrorism Act. His trial is expected to run until October or November.

Five of Khawaja's alleged co-conspirators were convicted last year by a British court and sentenced to life in prison.