07/27/06

Media loses bid to have publication ban lifted in terror suspect hearings



By BETH DUFF-BROWN
Associated Press Writer

TORONTO (AP) -- Several North American media organizations, including The Associated Press, lost their bid Thursday to lift a publication ban on the bail hearings of 17 Canadians accused of plotting terror attacks in southern Ontario.

Senior Superior Court of Ontario Justice Bruce Durno ruled that a blanket ban on evidence presented at the suspects' ongoing bail hearings would stand, in an effort to protect their right to a fair trial and subsequent jury selection.

Lawyers for The Associated Press, The New York Times, the Canadian Broadcasting Corp. and the Toronto Star had argued that the media were surrogates for the public in the courtroom and had an obligation to report on the allegations facing the 17, who include five teenagers.

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

One defense lawyer had said outside the courthouse in Brampton, just west of Toronto, that his client and some of the suspects were accused of 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.

Three of the younger suspects have been released on bail. Bail hearings for four of the older suspects resumed Thursday, but details of the evidence against them are not allowed to be printed or broadcast.

Paul Schabas, one of the lawyers representing the media, said the four organizations were considering whether to appeal.

"I think it's unfortunate that the tone of the judgment really gives short-shrift to principles of openness and I think it is inconsistent with many recent pronouncements by the Supreme Court of Canada that say justice Whitehorse under secrecy," Schabas said.

"Since this case was argued, three accused have been released, and the tone of this decision is that the public shouldn't know why," he said.

Durno ruled that defense counsel should not try their cases in the media.

"While it may be frustrating for counsel, their accused, family and friends, when allegedly groundless or inconsistent allegations are made in the press, or allegations are taken out of context, engaging in a defense media campaign is neither appropriate nor in keeping with the role of counsels as officers of the court," Durno wrote in the ruling released Thursday.

David Kolinsky, attorney for 20-year-old suspect Zakaria Amara, agreed with the ruling. He believes a suspect's right to an untainted jury outweighs the freedom of press held under Canada's bill of rights, the Charter of Rights and Freedoms.

"The publication ban balances two Charter rights: Freedom of the press and the right of the accused to a fair trial," said Kolinsky. "Certain Charter rights carry more weight than others, and really, the right of an accused person to a fair trial is a higher right than freedom of the press."