A judge opted not to toss out a handwriting analysis critical to France's case against accused terrorist Hassan Diab, despite finding it "problematic," "very confusing" and with "suspect" conclusions.
The French government is seeking Diab's extradition. They allege the Carleton University professor bombed a Paris synagogue in the 1980s.
Diab's lawyer, Donald Bayne, argued a handwriting analysis linking Diab to the bombing was "manifestly unreliable" and should be thrown out.
Judge Robert Maranger said "scathing criticism of the French evidence" from three defence handwriting analysis experts was not sufficient to meet this burden.
The French evidence is "presumptively reliable" under extradition statutes, Maranger said, though he likened handwriting analysis to a "pseudo-science."
"(The French expert's) curriculum vitae supports the proposition that she is qualified," Maranger said.
The decision stunned the packed courtroom Friday morning.
A quiet gasp of disbelief and disappointment greeted Maranger's ruling.
Maranger stressed his decision was merely a brief sketch, and he would be offering a more comprehensive written decision at a later date.
Lawyers met Friday to set the next round of court dates.