An Egyptian terror suspect testifying in Federal Court on Thursday refuted claims by CanadaÂ’s spy agency that he trained and fought as a terrorist.A CSIS summary of evidence says Mahmoud JaballahÂ’s alleged travel pattern in the early 1990s was consistent with those of an Islamic mujahedeen extremist, and accuses him of fighting alongside terrorists in Afghanistan and Chechnya.
However, Jaballah denied having ever been to either country, and testified he was working as a teacher in Pakistan during the time in question. He also disputed CSIS claims that he had trained as a terrorist in Yemen, saying he was in the country to apply for a teaching job.
CSIS also says Jaballah had an operational relationship with Egyptian-born Canadian Ahmed Said Khadr, a suspected Al Qaeda operative killed by Pakistani forces in 2003, before Jaballah moved to Canada. The spy agency claims Jaballah spent time at KhadrÂ’s Pakistani residence while in the country on business.
Jaballah admitted he had met Khadr in Canada, but denied CSISÂ’s claims about their relationship. He said he would shake hands with Khadr and say hello when the two crossed paths in a Toronto mosque, but insisted they were not friends.
“I never stayed with him, I never discussed anything with him,” Jaballah said. “He was like anyone else in the mosque.”
Jaballah has been detained since August 2001 on a national security certificate, which allows Ottawa to indefinitely hold foreign nationals who are determined to be security threats.
CSIS has provided only summaries of evidence to the defence, and will not identify specific sources. But Jaballah said on the stand he is “100 per cent” certain the accusations and alleged travel itineraries came from the Egyptian government.
Egyptian authorities have accused Jaballah of being a high-ranking member of an Egyptian-based terror group, al-Jihad, which is said to provide terrorists with logistics, weapons and escape plans.
In court Thursday, Jaballah denied any involvement with terrorist organizations.
“I applied for refugee status because of the persecution I experienced in Egypt,” he said. “That’s the main reason I wanted to live like any other human being in Canada.”
Jaballah was testifying after a judge agreed earlier Thursday to place limits on the future use of his testimony.
His lawyers had asked Judge Andrew MacKay to grant Jaballah protection against his testimony being used against him should he face another security certificate charge.
MacKayÂ’s order would limit the use or derivative use of JaballahÂ’s testimony to this current case and any proceedings arising directly from it, such as a claim for appeal or charges of perjury or contempt.
“Though there is no statutory compulsion to testify, the circumstances compel him to testify if he is to have any chance of remaining in Canada,” MacKay said.
The defence has also argued that greater disclosure of the evidence is necessary for Jaballah to properly argue his case.
“How can you answer a case when you’ve not been given a case?” said defence lawyer Barbara Jackman, who likened the process behind the security certificate hearings to “walking in the dark.”
MacKay reminded the defence of the courtÂ’s obligation to not release information that could be damaging to national security, but said he will meet with government lawyers in Ottawa next week to see if more evidence against Jaballah can be made public.