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Supporters of Jaballah pledge to watch him

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Date: Friday Oct. 6, 2006 8:31 PM ET

TORONTO — Friends, family members and supporters of suspected terrorist Mahmoud Jaballah pleaded his case to be freed on bail Friday as they pledged to report him to authorities if he ever violated his bail conditions.

Those who were on hand to support the 44-year-old father of six fell into two camps: those who described him as a man of his word, and those who consider his detention an assault on the principles of Canadian justice.

Several of Jaballah's friends and family served as character witnesses, telling Federal Court Justice Carol Layden-Stevenson they had no doubt he could be trusted not to break his promises.

"I would be the first one to call the police,'' said Jamal Azawi, 43, an Iraqi immigrant and used-car dealer who offered to pledge $10,000 towards Jaballah's bail.

"I love Canada and I do not want anybody to hurt this country.''

Witnesses also said they realized full well they stood to lose their hard-earned cash if Jaballah broke bail.

Jaballah has been detained by Canadian authorities for five years as a suspected terrorist, even though he strenuously denies any such links.

He wants out of prison pending a decision on his deportation to his homeland of Egypt, which he is fighting because he fears he'll be tortured or killed if sent back.

Among other things, his lawyers want the court to impose severe house arrest conditions and subject him to electronic monitoring as a means of letting him out while negating any threat to public safety.

It is the federal Justice Department's position, however, that no restrictions can neutralize the threat Jaballah poses to Canadians.

A member of the Canadian Security Intelligence Service, identified in court only as J.P., told court Friday that Jaballah is still dangerous.

Devout Muslims put their faith ahead of all else, even family or friends, J.P. testified.

But during cross-examination, defence lawyer Paul Copeland argued that J.P. was neither qualified nor had solid grounds to assess any threat posed by Jaballah.

Former Iraq hostage James Loney was among those on hand Friday to show his support and pledge cash to help Jaballah make bail.

Loney told Layden-Stevenson that while he doesn't know Jaballah personally, indefinite detention without charge is "cruel and unusual punishment,'' and violates fundamental justice.

"He needs to see the evidence against him,'' said Loney, who offered to pledge $1,000. "He needs to be charged or let go.''

John Valleau, a retired chemistry professor at the University of Toronto, echoed a similar theme.

"The indefinite detention without trial is inconsistent with my understanding of our justice system,'' said Valleau, who has offered to contribute $10,000, despite not knowing Jaballah.

"It disturbs me very much.''

During cross-examination, Crown lawyers opposed to bail made much of the fact that none of the witnesses knew much about Jaballah's background.

On several occasions, lawyer Donald MacIntosh read the names of several people Jaballah had contact with and asked the witnesses whether they knew them.

"So you don't really know Mr. Jaballah, do you?'' MacIntosh asked one witness.

The witness conceded he didn't, but nevertheless said he trusted Jaballah's wife and family.

The Supreme Court of Canada is still deciding whether the process by which Jaballah has been detained is constitutional.

The hearing is scheduled to continue Tuesday.

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