Ottawa's Momin Khawaja has launched an appeal of his six terrorism-related convictions and the 10 1/2-year sentence imposed for those crimes. Photograph by: Ronn Sutton, Ottawa Citizen

By Andrew Duffy, Ottawa Citizen

OTTAWA – Ottawa’s Momin Khawaja has launched an appeal of his six terrorism-related convictions and the 10 1/2-year sentence imposed for those crimes.

Khawaja’s sentence came in addition to the five years he had already spent in custody.

In a notice of appeal filed Thursday, defence lawyer Lawrence Greenspon argues that the trial judge came to an “unreasonable verdict,” since there was not enough evidence to find Khawaja knew he was involved with terrorists.

During last year’s 27-day trial, Greenspon suggested Khawaja’s jihadist activities were consistent with his plan to fight with Muslim insurgents in Afghanistan. Such combat, he said, is lawfully exempted under an “armed conflict” provision in Canada’s anti-terrorism laws.

That provision, Greenspon argues in his appeal, should rightfully apply to Khawaja.

Greenspon asks the Ontario Court of Appeal to acquit Khawaja on all six terror counts, or failing that, to order a new trial.

Khawaja’s sentence, imposed by Judge Douglas Rutherford last month, is also under appeal.

Greenspon terms the 10 1/2-year sentence “manifestly unfit,” since it was in keeping with those imposed on members of a British plot to detonate a fertilizer bomb in the United Kingdom.

Yet there was no evidence that Khawaja was aware the explosive device he built would be used in the U.K. plot, Greenspon argues.

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Tags: anti-terrorism laws, Appeal, Judge Douglas Rutherford, Lawrence Greenspon, Momin Khawaja, Ontario Court of Appeal, Ottawa, sentence

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