An Ottawa university professor accused in a deadly 1980 Paris synagogue bombing wants new handwriting evidence a prosecutor likened to a "smoking gun" in the extradition case against him tossed after alleging French authorities abused the process of the Canadian courts.
French officials knew the opinions of their first two handwriting experts that allegedly linked Hassan Diab to the bombing were "tainted" but, without telling the Canadian court, allowed the evidence to remain in extradition proceedings even as they sought another opinion, Diab's lawyer Ian Carter alleged Monday.
The "11th hour" decision to withdraw the first two reports and replace them with a new report came after four separate defence handwriting experts uncovered "appalling" flaws in the first two examiners' work, which allegedly matched Diab's handwriting to those of the suspected bomber on a hotel registration card, Carter argued.
France's decision to seek another opinion has twice delayed the 56-year-old Diab's extradition hearing, Carter said, which is now slated to begin in November, a full two years since his arrest on allegations he killed four and injured 40 others in 1980.
"We are asking for the remedy that addresses the mischief in the case," said Carter.
But a federal prosecutor argued there was nothing more than "conjecture, speculation and innuendo" to support Diab's allegations that France and the Attorney General of Canada did anything wrong.
Jeffrey Johnston added the handwriting evidence is critical to the case against Diab.
"To the extent that there is a smoking gun in the case, it lies in the handwriting evidence," said Johnston.
Johnston added there was no evidence French officials knew their handwriting experts were unreliable and delays were inevitable on any international file.
"The evidence of the record of the case supports the inference the person who filled out the Celtic Hotel registration card is in all likelihood the person who was responsible for planting the bomb and committing mass murder," said Johnston.
Ontario Superior Court Justice Robert Maranger is expected to make a decision on Wednesday.