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Mounties had mole in alleged terror cell
Exclusive:
Law prohibits publication of prominent member of Muslim community
Jul. 13, 2006. 05:23 AM
MICHELLE SHEPHARD
STAFF REPORTER
A well-known member of Toronto's Muslim community worked as a police agent to infiltrate an alleged terrorism cell that police say was planning attacks in Canada, the Toronto Star has learned.
Although his identity is now known within the community and also to some of the 17 terrorism suspects arrested June 2, his name cannot be published due to Canadian laws.
Sources say the man worked for the Canadian Security and Intelligence Service, and then became a paid RCMP agent once a criminal investigation was launched.
It's an offence under the Witness Protection Program Act to disclose the name of an RCMP agent.
While the names of sources in national security cases are often protected, this witness has agreed to testify in open court when his identity will be made public, sources say.
His name has not been revealed during court proceedings now underway to determine if any of the 17 accused will be released on bail. A publication ban prevents the reporting of any evidence heard during the bail hearings.
When contacted by the Star, the police agent said he did not want to talk about the case, saying that "justice should be served," and he looked forward to testifying in court.
Last month the Star revealed the involvement of a second police agent in the case, who allegedly took part in the delivery of three tonnes of ammonium nitrate. Police claim seven of the suspects were involved in the alleged plot to use the fertilizer to create truck bombs destined for targets in southern Ontario.
Since police were aware of the alleged purchase, they arranged for the switch of ammonium nitrate for a harmless substance before delivery, sources said.
Twelve adults and five youths have been charged with belonging to what police call a "homegrown" terrorist cell. Most of the suspects are Canadians and under the age of 25.
It's alleged that the group split earlier this year into two smaller sections. One group allegedly consisted of suspects who lived west of Toronto and were led by Zakaria Amara. Police have charged six of the adult suspects and one youth in the alleged plot to blow up targets in Toronto and elsewhere in the province.
The other group was allegedly led by 21-year-old Scarborough resident Fahim Ahmed, who allegedly rented a car for two other suspects who were caught last August bringing guns and ammunition into Canada from the U.S.
The involvement of hired agents in the case shows that undercover moles are now being used in terrorism cases in Canada — a common technique used in organized crimes investigations and increasingly in domestic security cases worldwide.
`The investigative techniques aren't new.
But the application for terrorism is.'
Mike McDonnell, RCMP Assistant Commissioner
The fact that the police agent who allegedly infiltrated the group worked for both CSIS and the RCMP seems to suggest a new level of co-operation between the two agencies that have been beset by turf wars in the past.
With the agents' involvement also comes a series of legal questions, likely to be posed by defence lawyers representing the 17 suspects.
What is the credibility of the agents? Why did they agree to work for police? How involved were they in the alleged planning of the attacks?
"It's going to depend on the disclosure and what role the operative played," says Paul Copeland, an experienced Toronto criminal lawyer and police watchdog, who is representing one of the 17 accused.
"The issue that could arise is the potential of entrapment. It's not appropriate for police to encourage a crime and then arrest those suspected of committing that crime."
It's an issue that has confronted prosecutors in international cases that involved police agents or undercover officers.
Australia's first terrorism trial ended in an acquittal last year after jurors heard that a police agent working for the country's spy service, and posing as a journalist, had offered 21-year-old terrorism suspect Zek Mallah $3,000 for a videotape of him uttering threats against government buildings. In acquitting him of the terrorism charges, the jury concluded that Mallah was not a terrorist, but a troubled orphan full of bravado.
The involvement of an FBI informant in case of seven Miami men charged with terrorism offences two weeks ago has been criticized by some of the defence lawyers who argue that the agent had concocted part of the case.
The men are accused of plotting to blow up Chicago's Sears Tower and federal buildings in five cities, and of having ties to Al Qaeda. Lawyer Nathan Clark told the New York Times that his client was "induced by the government," calling the case one of "entrapment."
But the involvement of an undercover officer and informant in a New York case led to a conviction this May and was trumpeted as a milestone in the city's fight against terrorism.
The trial of Shahawar Matin Siraj, convicted of plotting to blow up a subway station, revealed that an Egyptian-born police officer and undercover agent were instrumental in the case.
RCMP Assistant Commissioner Mike McDonnell said yesterday that he could not speak specifically about the Toronto terrorism case but noted that the use of police informers was not unique in Canadian criminal law and have been used successfully in past organized crime cases.
What makes the case unique is the fact that terrorism offences were introduced to Canada's criminal code in 2001, bringing the Mounties back into security, a field from which they had been ousted two decades earlier with the creation of CSIS.
"The investigative techniques aren't new," McDonnell said in an interview. "But the application for terrorism is."
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