OTTAWA - The judge in Momin Khawaja's terrorism trial has ruled that evidence the defence considers hearsay will remain part of the court record - at least for now.
Justice Douglas Rutherford said it is too early to determine the validity of certain evidence provided by Crown witness Mohammed Junaid Babar and material gathered through electronic surveillance.
Rutherford said the evidence presented at the Ontario Superior Court trial is "in play" until he has had a chance to evaluate all arguments before him.
Khawaja, arrested four years ago in Ottawa, faces seven charges of financing and facilitating terrorism, including the key accusation he built a remote-control device to trigger explosions planned by Islamic extremists in Britain.
Defence lawyer Lawrence Greenspon says he will ask the judge to throw the case out in a motion expected when proceedings resume Aug. 19.
Greenspon contends the Crown has not presented sufficient evidence to prove its allegations.
