Canadian judge orders release of ex-Guantanamo detainee

[Lite Beer]

Canadian judge orders release of ex-Guantanamo detainee
CHARMAINE NORONHA, Associated Press

TORONTO (AP) — A Canadian judge on Friday ordered the release of a former Guantanamo Bay inmate while he appeals his conviction in a Washington court for war crimes, including killing a U.S. soldier.

Judge June Ross said the terms of Omar Khadr's release will be determined May 5. Canada's government said it would appeal the order.

Toronto-born Khadr is in prison in Alberta, serving out an eight-year sentence handed down by a U.S. military commission in 2010. He was convicted of five war-crimes, including throwing a grenade when he was 15 years old that killed Army Sgt. 1st Class Christopher Speer in Afghanistan during a 2002 firefight. He spent a decade in Guantanamo Bay.

Khadr, now 28, agreed to a plea deal in 2010 that stipulated he serve one year of his eight-year sentence at the U.S. naval base in Cuba. He has since said he only pleaded guilty to get out of Guantanamo and be sent back to Canada.

Ross said Khadr has a strong basis for appeal and keeping him behind bars would not be in the public interest.

"Omar is fortunate to be back in Canada where we have real courts and real laws," said Nate Whitling, one of Khadr's lawyers.

The government has argued Ross had no jurisdiction to hear the unprecedented bail application from an offender convicted abroad and returned to Canada. Giving Khadr bail would undermine Canada's international relations and obligations, the government argued. It also said Ross should take into account Khadr's guilty plea to serious offenses.

"We have vigorously defended against any attempt to lessen his punishment," Public Safety Minister Steven Blaney said in a statement announcing the government would appeal.

In court last month, Khadr's lawyers argued their client has been a model prisoner who poses no threat to the community. They also said the appeal of his conviction by a stands a good chance of success, but was dragging on.

Defense attorneys have said Khadr was pushed into war by his father, Ahmed Said Khadr, an alleged al-Qaida financier whose family stayed with Osama bin Laden briefly when Omar Khadr was a boy. The Egyptian-born father was killed in 2003 when a Pakistani military helicopter shelled the house where he was staying with senior al-Qaida operatives.

Omar Khadr's long-time lawyer Dennis Edney and wife have offered to take him into their home.

-- (c) Associated Press 2015-04-26

[Dannyboy666]

Nobody's learned anything with releasing this Scum...Unbelievable, back to their old ways.

[NeverSure]

"Omar is fortunate to be back in Canada where we have real courts and real laws," said Nate Whitling, one of Khadr's lawyers.

Oh really. He was convicted on US soil and his appeal is to a court in the US in the State of Virginia. In the meantime he was sent to Canada to finish his sentence because this son of an Al Qaeda member who plead out to 5 crimes including the murder of a US soldier is a Canadian citizen.

"Khadr's defenders requested bail pending the appeal of his war crimes conviction before the US Court of Military Commission Review in the US state of Virginia." LINK

Where did Mr. Whitling go to law school?

[Jonmarleesco]

'"Omar is fortunate to be back in Canada where we have real courts and real laws," said Nate Whitling ...' And, presumably, real criminals.

[NeverSure]

It's hard to believe that the so-called attorney dissed the country and the court which is considering his client's appeal. If he's lucky the court members won't take it personally. They are human after all.

I'd string the so-called attorney up for malpractice.

(I don't have a problem with Canadians in general. They are some of the most polite and nicest people on the planet. But every country apparently has its exceptions.)

[Suradit69]

"Omar is fortunate to be back in Canada where we have real courts and real laws," said Nate Whitling, one of Khadr's lawyers.

Oh really. He was convicted on US soil and his appeal is to a court in the US in the State of Virginia. In the meantime he was sent to Canada to finish his sentence because this son of an Al Qaeda member who plead out to 5 crimes including the murder of a US soldier is a Canadian citizen.

"Khadr's defenders requested bail pending the appeal of his war crimes conviction before the US Court of Military Commission Review in the US state of Virginia." LINK

Where did Mr. Whitling go to law school?

"Oh really. He was convicted on US soil and his appeal is to a court in the US in the State of Virginia"

A luxury not afforded to most of those held at Guantanamo who are being held indefinitely and without trial ... which was probably the reason the lawyer got in the dig.

If you're a lawyer defending someone you say stuff like this to get sympathy for your client ... even if it threatens loss of face to TV posters. It's what lawyers do.

I'd string the so-called attorney up for malpractice.

Then you'd have to do the same thing for all the American defense attorneys and prosecutors who make extraordinary claims in American courts.Courts and juries exist to sort out what people say in court and to decide what's true & relevant. If everything said in and out of court by lawyers was the absolute truth & pertinent to actual guilt, trials would be over a lot faster. Not everyone in the legal profession took an oath to be like Perry Mason. And a lot of people convicted in American courts are inadequately defended and/or later found not guilty.

Edited April 26, 2015 by Suradit69

[NeverSure]

"Oh really. He was convicted on US soil and his appeal is to a court in the US in the State of Virginia"

A luxury not afforded to most of those held at Guantanamo who are being held indefinitely and without trial ... which was probably the reason the lawyer got in the dig.

I'm not sure you read everything. This guy was convicted in a US court and then sent to Gitmo. A lot, if not the majority of prisoners at Gitmo have never set foot on US soil. There's a reason for that and it's so they don't accrue the rights that someone has in the US. They are treated as prisoners of war.

This guy was brought to the US and tried in the US and I can't think of a single reason other than that he was Canadian. Most of the people at Gitmo are from ME countries. The US due to friendship and cooperation with Canada probably went the extra mile for this guy including sending him back to Canada during his appeal.

In spite of his five crimes including the murder or a US soldier, his attorney is stupid enough to diss the very court which is hearing his appeal.

I simply and totally disagree with you about what would be normal for an attorney to do. I've never heard of an attorney insulting a judge much less one which his client was before. In the US he'd be held in contempt of court which is a crime.

Edited April 27, 2015 by NeverSure

[fritzzz25]

The Canadian legal system (how can they call it a justice system, as there is never any justice served) has become a joke. They see people who have been convicted of drunk driving close to 20 times that have never seen the inside of a jail cell. They have murderers who cop a plea to manslaughter and are out before a tax evader. They have a "special" sentencing guideline to be used if the person is of aboriginal heritage due to the hardships their "people" have had. The government passes a law, and the Supreme Court tears it apart before the ink is dry.

Until these judges and lawyers become victims, nothing will change in the system.

Omar Khadr killed a soldier during a war. He was engaged in war activity, and was wounded. Had those US soldiers not rescued him, he would not be here to file lawsuits against the governments, occupy a jail cell, launch legal challenges. I will be the USA is wishing they spent the 50 cents on the extra bullet.....