Problematic But Admissible

Dreadfully, no doubt bitterly disappointed . But the extradition defence team working for justice on behalf of former (part-time) university lecturer Hassan Diab, will not let matters rest there. There will be appeals. And plans to take the matter all the way to the Supreme Court of Canada. Which august body, given the nature of the appeal; an extradition hearing, a rather routine matter, will likely refuse to entertain.

It does strike one as odd that France, confident in issuing to signatory countries extradition requests, will not herself accede to such requests from external sources. On the other hand, in this instance an exceptional case of sinister outside sources intent on conducting an assault on France's security of its citizens with a view to committing mass murder has impinged on the country's honour and respect of its citizens' rights to liberty, equality and above all, life.

The case against Mr. Diab may seem to his defenders to be a tenuous one. In which case the prosecutor has his work cut out for him. No one could honestly argue that a country like France which takes justice seriously and its reputation for meting out justice far more seriously, will not conduct a fair trial. If there exists, when the prosecution has completed his evidential work, a hint of doubt, one trusts there will be an acquittal.

It is horribly inconvenient and dauntingly disturbing for anyone to have their life upended to such a degree. Honest and innocent people are often enough accused of crimes whose commission they had no part in. In Canada, just as in other countries, justice has on occasion gone astray. Which is one very good reason why the death penalty is no longer used in most civilized countries.

Ontario Superior Court Justice Robert Maranger did perceive the French handwriting evidence as "very problematic" and "very confusing", after having been subjected to the arguments of the defence and the opinions of their three hand-writing experts, despite a claim of prior collusion by government prosecutors.

However, as a judge he has very little option but to honour and respect Canadian law. To do otherwise in this case would have been tantamount to violating the Extradition Act. If Mr. Diab is, as he claims, innocent of all charges brought against him by the French justice authorities, he will have ample opportunity to express that innocence in a French court of law.