No entrapment, court rules in terror case
Paid police mole Mubin Shaikh did not entrap a youth into an alleged homegrown terror cell, a judge ruled this afternoon in a Brampton court.
Justice John Sproat did not read out his 53-page ruling but did deliver his “bottom line ruling.”
“There has not been any entrapment and there has not been any abuse of process,” Sproat told the court. “It’s clear the application must be dismissed.”
Shaikh’s status at a terrorist training camp in December 2005 came under unusual scrutiny, given the unprecedented nature of this landmark case involving 14 men and four youths. The suspects, known as the Toronto 18, were charged in the summer of 2006 with belonging to a cell plotting to detonate truck bombs in downtown Toronto.
To date, four adults and three youths have had their charges stayed. The remaining youth, who is now 21, was found guilty of terrorism-related offences in September, but his lawyers put forth a motion alleging their client was lured into the group by Shaikh and should have his charge stayed.
In his written ruling Sproat pointed out that the winter camp was already planned before the alleged ringleader made contact with Shaikh.
“The camp would have been much the same had Shaikh not attended,” wrote Sproat. “The information and indoctrination presented to (the accused) was not influenced or affected by any state action.”
The judge also ruled Shaikh’s words and conduct did not have any significant effect on the youth after the winter camp, pointing out “Shaikh had very limited contact with (the youth) after the camp.”
After the winter camp, the youth’s involvement intensified and he shoplifted for the group and attended a second camp.
“It was (the alleged ringleader) and not Shaikh that counselled (the youth) that it was permissible and even laudable to steal from non-believers,” wrote Sproat.
Prosecutors will now be seeking to have the accused sentenced as an adult. He faces a maximum of 10 years.
Neither the accused, nor his parents, who were seated in the body of the court, displayed any emotion when the judge delivered his ruling.
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