A judge in the trial of Momin Khawaja is allowing controversial emails written by the accused terrorist, as well as DVDs which apparently show violent acts of terrorism, to be entered as evidence in court.
Despite objections from Khawaja's counsel that the emails and DVDs were prejudicial, Ontario Superior Court Justice Douglas Rutherford said Monday that they offer insight into Khawaja's state of mind.
Rutherford said the DVDs and emails could be no more harmful than any of the explicit details revealed thus far at the trial, which is currently in its third week.
Khawaja, a former Ottawa software designer who was arrested four years ago, faces seven charges of financing and facilitating terrorism. One of the key allegations against him is that he built a remote-control device that was to be used in bomb attacks planned by extremists in Britain. Those attacks were never executed.
Khawaja, the first person charged under Canada's Anti-terrorism Act, has pleaded not guilty.
"We are dealing with charges ... of supporting terrorist activity of a most serious character ... that could have caused serious bodily harm and death and damage to property," said Rutherford, adding that the evidence presented so far against Khawaja was "sinister and chilling."
Crown prosecutors and Khawaja's lawyer, Lawrence Greenspon, argued over the whether emails between Khawaja and Zeba Khan, his former fiancee, would be admissible.
In an Oct. 24, 2003 email that Greenspon tried to block, Khawaja claimed the U.S. was leading an anti-Islamic plot that would see entire nations wiped out. He said in the email that thousands of "innocent humans" dying in the Sept. 11, 2001 terror attacks was the price of economic jihad -- or Islamic struggle against the West -- adding the intention of the attacks was to "bring down the U.S. economy, not harm innocent people."
"So we have to come up with a way that we can drain their economy of all its resources, cripple their industries, and bankrupt their systems in place, all so that they are forced to withdraw their troops, so they cannot afford to wage war . . . .
"We need constant economic J, blow after blow, until they cripple and fall, never to rise again."
The "J" in the emails stands for jihad.
Khawaja also said in the email that killing oneself, although forbidden by Islam, is justifiable if it's the only viable means of waging jihad.
"Picture this, a young bro wearing an explosive vest walks into a busy Israeli nightclub and in midst of all the partying, he presses a button and detonates, killing himself and dozens around him."
He wrote in another email that if he had the cash, he would raise a "grand army of mujahedeen" and head for Afghanistan and Iraq. The next goal would be to bring down rulers of Muslim countries who use titles like General or President.
"Basically, we'd take care of all the bad guys in one shot."
Greenspon argued last week that comments about assaults in the Middle East and the U.S. should not be part of the record. He accused the Crown of attempting to suggest that because Khawaja supported attacks in New York and Israel, he must be the kind of person who would support a bomb plot in London.
Greenspon said this amounts to a "gargantuan leap" of logic that violates freedom of thought enshrined in the Charter.
Lead Crown prosecutor David McKercher said he was simply trying to provide context to Khawaja's activities.
Rutherford also ruled that some videos Khawaja gave to an Ottawa-area woman could become part of the court record. These videos, which have not been shown in court, depict violent terrorist activities, according to McKercher. But Rutherford said the Crown must show how excerpts of the DVDs are relevant to the case.
Five of Khawaja's alleged co-conspirators were convicted in London and sentenced to life in prison last year. Their prospective targets were said to include a nightclub, shopping centre and electrical and gas facilities, but the scheme was foiled by British police and security forces.
Rutherford is presiding over the trial without a jury. The trial continues until October or November.
