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Khawaja guilty on some but not all terror charges
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CTV.ca News Staff
Date: Wed. Oct. 29 2008 7:10 PM ET
A judge has ruled that Mohammad Momin Khawaja is a terrorist who sympathized with al Qaeda and constructed bombs, but the Ottawa software developer was not aware that associates were planning to attack British targets with explosives.
Khawaja, the first person charged under Canada's Anti-Terrorism Act, faced seven charges in connection with a foiled U.K. bomb plot.
An Ottawa judge found him guilty on five counts of financing and facilitating terrorism and two Criminal Code offences related to building a remote-controlled detonator with the intent of causing an explosion.
However, the judge said the prosecution did not prove beyond reasonable doubt that Khawaja, 29, was aware his U.K. associates planned to bomb domestic targets using the so-called Hi-Fi Digimonster detonator he built.
As a result, the charges related to the detonator weren't counted as terrorism-related charges. His lawyer, Lawrence Greenspon, claimed that as a victory.
"He was acquitted of the London bombing -- that's my reaction," Greenspon told reporters. "It's terrific. It's what we set out to do."
However, Khawaja could still be sentenced to life in prison. His sentencing has been scheduled for Nov. 18.
Greenspon had argued his client was duped by extremists into believing the group intended to wage an attack on NATO-led forces in Afghanistan, rather than targeting civilians in the U.K.
Crown Prosecutor David McKercher pointed out that the British plotters bought and stockpiled a large quantity of fertilizer that could be used in a home-made bomb. He also said there was no chance Khawaja believed the plotters were going to carry the fertilizer into Afghanistan for use there, but that he knew they were planning to hit U.K. targets.
Evidence submitted in the case also indicated Khawaja met with people involved in the British plot to discuss remote-control technology, attended a terrorist training camp and that he supported the 9/11 terrorist bombings.
A shopping mall, night club, and electric and gas facilities were said to be on the group's list of U.K. targets.
Five of Khawaja's alleged co-conspirators were convicted in London last year and sentenced to life in prison.
While Greenspon hailed the verdict as a victory, Crown lawyers said Khawaja was still convicted as being a terrorist.
"I think in the grand scehem of things, it's a fairly subtle distinction," said Crown prosecutor David McKercher.
Michel Juneau-Katsuya, a security analyst and former CSIS agent, told CTV News that Khawaja's conviction proves the country's new anti-terror laws are effective.
"The Terror Act did work to a certain extent," he said. "the man will remain in jail."
With a report by CTV's Roger Smith
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.

