01/08/07

Media challenges ban in Canadian terror suspect hearings

By ROB GILLIES
Associated Press Writer

BRAMPTON, Ontario (AP) -- Several North American media organizations, including The Associated Press, on Monday challenged a court-ordered ban on publishing evidence from the bail hearings of 18 suspects accused of plotting terror attacks in southern Ontario.

A judge last summer imposed the restriction on coverage of the ongoing hearings, in an effort to protect the defendants' right to a fair trial and to avoid biasing potential jurors.

Lawyers for The Associated Press, the Canadian Broadcasting Corp., CTV television and the Toronto Star argued that the media are surrogates for the public in the courtroom and have an obligation to report on the allegations facing the 18, who include five teenagers.

Canada's criminal code allows judges to bar the publication of details of bail hearings. The youths are also protected by federal privacy laws.

Canadian authorities announced June 3 they had foiled a homegrown terrorist plot, claiming the suspects tried to obtain three tons of ammonium nitrate. They said the accused were inspired by al-Qaida.

One defense lawyer has said that his client and some of the suspects were charged with plotting to storm Parliament, take hostages and possibly behead the prime minister if Muslim prisoners were not released from prison.

His comments created an international media sensation and heightened fears at home, where Canadians believe they are relatively immune to terrorist strikes.

Five adults and three youth have been released on bail pending trial, but details of the evidence against them may not be printed or broadcast.

Paul Schabas, one of the lawyers representing the media, told Justice Bruce Durno that the public should be told why they were released.

"The public isn't able to be told why," Schabas said. "They're wondering why the judges have released them back into the community."

The court heard from Schabas Monday, and is expected to hear from the prosecution lawyers on Tuesday. Lawyers for the suspects who want the ban to remain will also go before Durno in the case, which could have ramifications for all bail hearings in Canada.