Court doubles Khawaja’s sentence
By Ian Macleod, Ottawa Citizen
December, 17, 2010
OTTAWA – Ontario’s highest court has more than doubled the 2009 prison sentence handed to convicted Ottawa terrorist Momin Khawaja, the first Canadian convicted under the Anti-terrorism Act, and increased the sentences of three men convicted in the so-called Toronto 18 terror plot.
In a stinging decision released today, the three-judge panel imposed what amounts to a 24-year sentence on Khawaja, overturning the 15-year sentence Ottawa trial judge Douglas Rutherford imposed on him for his role in a 2004 al-Qaeda inspired plot to bomb public sites in and around London, England. Rutherford gave Khawaja, then 29, credit for the five years he spent in pre-trial custody, reducing his term to 10.5 years.
Even so, the defence appealed the sentencing as too harsh and asked that he be freed based on time served. Crown prosecutors cross-appealed, seeking a tougher sentence.
The appeal court’s decision includes a life term on one of six charges – Rutherford initially imposed a four-year term on the same offence – with no chance of parole for at least 10 years.
Khawaja’s lawyer, Lawrence Greenspon, told a news conference at his downtown Ottawa office that he will urge his client, who is in a supermax prison north of Montreal, to appeal Friday’s decision to the Supreme Court.
The court’s decision also overturned Rutherford’s striking down as unconstitutional the essential section of the Act requiring authorities to prove terrorism offences are motivated for political, religious or ideological reasons.
The decision means there is once again be a clear legal distinction between terrorism and other crimes. Continue Reading →
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