Showing posts with label Saad Gaya. Show all posts
Showing posts with label Saad Gaya. Show all posts

Tuesday, February 16, 2010

FEDS APPEAL TORONTO 18 SENTENCE

FROM: http://www.thestar.com/news/gta/article/766018--federal-prosecutors-to-appeal-toronto-18-sentencing

Federal prosecutors announced Monday that they are appealing the 12-year prison sentence of Saad Gaya, one of the so-called “Toronto 18” members accused of plotting terrorist bombing attacks in 2006.

Gaya, a 22-year-old Oakville man, pleaded guilty in September to participating in a terrorist group that planned on bombing significant Toronto landmarks and a military base off Highway 401.

On Jan. 18, Superior Court of Justice Bruce Durno sentenced him to 12 years in prison but credited him for the 7 ½ years he served in presentencing custody. This means Gaya will ultimately serve an additional 4 ½ years in jail and may be eligible for parole in just over a year from now.

Crown prosecutors sought a harsher sentence for Gaya and on Monday, the Public Prosecution Service of Canada announced it is appealing to the Ontario Court of Appeal.

According to the court filing, prosecutors are alleging Gaya’s sentence was “not proportionate to the gravity of the offence and the culpability of the offender,” and that Durno “erred in principle” by not ordering Gaya to serve at least half of his sentence before becoming eligible for full parole.

The notice also alleges Durno was wrong to conclude that a statement Gaya gave to police after his arrest amounted to cooperation that could mitigate his sentence.

The Crown also contends the judge “unduly emphasized” the principles of rehabilitation and specific deterrence.

When reached Monday, Gaya’s lawyer Paul Slansky said the sentence was “well within the range of appropriate sentences” and criticized the appeal as lacking “merit.”

“It was a well-reasoned decision,” he said of Gaya’s sentence. “Certainly, there’s no legitimate basis for the grounds of appeal as far as I’m concerned.”

Slansky said he’s been in contact with Gaya’s family, who “obviously” did not agree with the appeal.

He refused to speculate as to why prosecutors were pursuing the appeal but said he had a few hunches.

“You may want to consider, however, that there are other people who are still charged, still potentially to be found guilty,” Slansky said. “(The prosecutors) may want to take a position with respect to sentencing because it may impact others yet to be found guilty or sentenced.”

Gaya was being held at the Maplehurst Correctional Complex in Milton, but Slansky said he believes he has recently been moved to a penitentiary.

Wednesday, January 20, 2010

TORONTO 18 BOMB PLOT - EVIL OR ?

*** Ah yes, logic and and philosophy. It is however, not correct to assume an evil person does not (or cannot, will not) have good in them. At the risk of a bad example heck, Darth Vader - in the end - overcame the evil within. There is a lesson.

All sin and fall short of the Glory of God, let us exploit good within people shall we? : ) MS **


FROM: http://network.nationalpost.com/np/blogs/fullcomment/archive/2010/01/19/jonathon-narvey-evil-is-as-evil-does.aspx

Are we so lost that those who we most trust to know the difference between right and wrong can’t see evil when it’s staring us in the face?

I never went to law school. I’m guessing courses in logic and philosophy are not a requirement of obtaining a degree in that field. Paul Slansky, lawyer for Saad Gaya, 22, of the terror group known as the Toronto 18, responds to a sentencing verdict of his client:

“Terrorism is a heinous and evil crime, but not necessarily everyone who commits a heinous and evil crime is himself evil.”

Huh? We are not judged guilty in court or by a higher power merely for evil thoughts, at least not in a democracy. We are judged for our actions. When you do evil things, you are an evil person. No need to sugar-coat it.

By the same token, when a person does good things, this indicates they’re a good person. A bit less abstractly, when a trained professional fixes the plumbing, we call this person a “plumber”. People who make art are “artists”. We are what we do. It’s that simple.

When a group of fanatics tries to kill a bunch of innocent people, we don’t care that these failed criminals give to charity or have good hygiene or are loving parents. Rational people understand that these people are evil, if that word has any meaning, and that they deserve to be locked up. Close the door, turn off the lights and throw away the key.

In any case, it seems Canadian law simply cannot cope with the scale of the threat presented by people aiming to take down the Toronto Stock Exchange, the CSIS building and a military base. The mastermind is in prison for life — which by our oddball rules means he could be out in six years. The rest of the crew are also getting sentences reduced for jail time already served.

Just thinking here, but let’s low-ball the number of people who could have been killed by these maniacs at 100. It’s arbitrary — it could just as well be 500, or 1000, or 5000, but at least we’ve got a number. Now, what kind of sentence do you give someone guilty of 100 separate attempted murders?

I’d have to hope that even in Canada, that might at least add up to the equivalent of a real sentence of life in prison.

National Post

Monday, January 18, 2010

TORONTO BOMB PLOT'S SAAD GAYA GETS 12 YEARS (7YRS CREDIT, 4 1/2 YRS REMAIN)

*** 12 years total sentence, minus the 7 1/2 years credit for pre-trial custody giving him 4 1/2 years left with the option of parole as early as 2 years (discretionary not automatic). MS ***



FROM: http://www.nationalpost.com/news/story.html?id=2455061



BRAMPTON -- One of the "Toronto 18" conspirators was handed a 12-year sentence this morning for his participation in a plot to bomb several key targets in and around the city.

Saad Gaya, 21, showed little reaction as Justice Bruce Durno read out the sentence, but smiled slightly at supporters as he exited the courtroom.

In his decision, Judge Durno acknowledged Mr. Gaya did not play a leading role in the 2006 bomb plot.

"Saad Gaya was not the prime mover in the plan... he took detailed orders," the judge said.

With time served taken into account on a two-for-one basis, and a small amount of extra credit given for Gaya's 14 months in solitary confinement, he has 4-and-a-half years left to serve. Gaya will be eligible for parole after serving one-third of that time.

The Crown, which had been seeking a term of 17 to 18 years, has 30 days to file an appeal.

"We'll review the decision and read it carefully," Crown attorney Croft Michaelson said.

Defence lawyer Paul Slansky, who had been seeking a 10-year sentence, said he did not believe Gaya was given sufficient credit for his time in solitary.

"I'm less pleased than I might have been," Mr. Slansky said outside court. Gaya, who was born in Montreal to parents originally from Pakistan, told police after his arrest that the goal of the terrorist plot was to push Canadian troops out of Afghanistan, but said he did not know the bomb targets, which included the Toronto Stock Exchange, a CSIS facility and a military base.

Gaya admitted he tried to rent a house in which the group planned to store bomb-making chemicals, such as ammonium nitrate.

A number of Gaya's friends and family who attended court today declined to comment on the young man's sentence.

Zakaria Amara, the ringleader of the Toronto 18 plot, is to be sentenced this afternoon.

Tuesday, December 29, 2009

SIX REMAINING ACCUSED TO FACE TRIAL IN TORONTO 18

FROM: http://www.cp24.com/servlet/an/local/CTVNews/20091229/091229_terror_trial/20091229/?hub=CP24Home

Remaining six alleged Toronto 18 members face trials in 2010 on terror charges

TORONTO — The case of Canada's notorious homegrown terror plot enters a significant phase in 2010 with the trials upcoming for the final six alleged members, accused of attending a training camp and plotting to bomb various targets.

The prosecution of the so-called Toronto 18 seemed on shaky ground at the start of this year, with seven people no longer facing charges and one conviction of a youth characterized as a peripheral member.

"Some people, I think on the basis of that set of events, leapt to the conclusion that maybe the government's case was falling apart, maybe there wasn't a serious plot here at all," said security and intelligence expert Wesley Wark.

But then came four surprise guilty pleas in fairly quick succession, with each of the young men admitting to roles in the plot to detonate bombs outside the Toronto Stock Exchange and CSIS headquarters, as well as an unnamed Ontario military base in 2006.

What Wark found unexpected was not that some of the 18 people arrested would plead or eventually be found guilty, but the facts that they admitted to in court.

"The thing that did surprise me was simply some of the details that emerged about the seriousness about the plot itself and the seeming capabilities of some of the key individuals involved," said the professor at the Munk Centre for International Studies at the University of Toronto.

Video evidence made public in October shows the dancing wires of a cellphone bomb detonator on a tape made by Zakaria Amara, 24, a leader of the plot who pleaded guilty.

The RCMP also made a video demonstrating the massive destructive power of what kind of damage a truck bomb using one tonne of ammonium nitrate could do. Saad Gaya, 22, and Saad Khalid, 23, who have pleaded guilty, were arrested unloading bags labelled "ammonium nitrate" from a truck driven by an undercover police officer.

Court heard Amara planned to rent U-Haul trucks, pack them with explosives and detonate them via remote control in downtown Toronto. Amara also planned to put metal chips in bombs to exact more casualties in what they called the "Battle of Toronto."

The goal of the planned destruction and carnage was to pressure Canada to withdraw troops from Afghanistan, Gaya told police in his post-arrest interview.

The judge in the youth's case, in handing down his ruling, said there clearly was a homegrown Islamic terrorist cell bent on wreaking havoc and bloodshed in Canada.

The Crown has alleged some of the men held a terrorism training camp north of Toronto and that others were involved in the bomb plot.

One of the remaining men is expected to have his trial by judge in January, while the other five men's case is expected to be put in front of a jury starting in March.

The guilty pleas and the outcome of the first man's trial will have absolutely no bearing on the last five men's case, said lawyer William Naylor, who represents the man who will stand trial in January.

"The people that are going to get tried, their case has nothing to do with the people who pleaded guilty," Naylor said.

"The outcome of Mr. Gaya, Mr. Khalid, Mr. Amara and my client has nothing whatsoever to do with the remaining accused."

The fact that those five men have elected trial by jury is breaking new ground. This is the first time an Anti-Terrorism Act case will be tried by a jury, Wark said.

"This will be something new, to see how juries are selected, how juries respond to the evidence, what the outcome of jury trials might be when it comes to terrorism offences," he said.

How those found guilty of such offences are sentenced and what credit is given for time already served should also become clearer in 2010.

The youth walked free after being sentenced to 2 1/2 years due to time served. Khalid was sentenced to 14 years, with seven years' credit for time served, though the government is appealing the sentence.

Ali Dirie, 26, was sentenced to seven years, with five years' credit for time served. Gaya and Amara are expected to be sentenced in January. No one has yet been sentenced to life in prison, the maximum sentence under the anti-terror law.

All of the six men awaiting trial have been in custody since their arrests in June 2006, except for one, who was granted bail in August.

Friday, December 25, 2009

SAAD GAYA ASKS FOR LENIENCY

*** Saad Gaya received 12 years with 7 1/2 years credit for pre-trial custody leaving him with 4 1/2 years. MS ***

Former Mac student accused in terror trial apologizes, asks for leniency

December 23, 2009
Isabel Teotonio
Toronto Star

BRAMPTON, Ont. — An Oakville man who confessed to being part of a homegrown terror cell that was plotting to blow up truck bombs in Toronto apologized to a Brampton court on Wednesday for his “shameful crime.”

Addressing the court at the end of his sentencing hearing, Saad Gaya said he was “extremely grateful” the scheme “did not progress any further” and asked for leniency.

“Some people believe that I must have been driven by a dark ideology of hatred, nihilism and destruction,” said the member of the so-called Toronto 18, requesting people not brand him a “terrorist.”

He said he was “politically naive” and believed the group’s actions would result in Canada withdrawing troops from Afghanistan.

Gaya, 22, said he didn’t know the intended targets were the Toronto Stock Exchange and the downtown offices of Canada’s spy agency.

He said he initially thought a police station was the target, but was later told it was a military base around the Greater Toronto Area, adding he believed no one would be hurt.

Gaya is among 18 people charged in 2006. He was arrested while unloading a delivery truck filled with three tonnes of bags marked ammonium nitrate fertilizer.

The plot involved using three times more ammonium nitrate than was used in the 1995 Oklahoma City bombing that killed 168 people.

Gaya has pleaded guilty to belonging to a terrorist group and intending to cause an explosion that would likely cause serious bodily harm.

The Crown is seeking a sentence of up to 18 years. The prosecution has argued Gaya was a willing participant and should have known a plot involving three tonnes of explosives would have caused serious harm or death — and if not, he was willfully blind.

But the defence argued Gaya was duped and didn’t know the plan was to unleash a series of explosives deadlier than the London subway bombings of 2005.

If the judge rules there was intent to kill, the defence suggested a sentence in the range of 9 to 15 years. If there was no intent, an appropriate sentence would be five to eight years, says the defence.

According to a psychiatric report by Drs. Steven Cohen and Lisa Ramshaw, Gaya’s motivation for joining the group “did not flow from antisociality, impulsivity or psychopathy.

It stemmed from “his religious beliefs, his sympathy toward the suffering ”limbs“ of the Muslim nation and in his perceived sense of duty to stand up to the Canadian government toward change in foreign policy.”

While there is no evidence the former McMaster University science student poses a significant risk to himself or others in the short-term, the doctors noted that based on his past behaviour “risk over the long-term period cannot ruled out.”


*** Did not know whether it was a police station or military base but thinks no one would have been killed? And this is the same guy who got 90's in class then a scholarship to MacMaster in Engineering and yet, did not think anyone would die in a 1-ton bomb explosion. Riiiiiight. ***

Try this version from the Toronto Sun:

Terrorist pleads for leniency

'Irrational decision' to aid T.O. plot

By IAN ROBERTSON, TORONTO SUN

Last Updated: 24th December 2009, 3:43am

BRAMPTON -- A "Toronto 18" recruit in a terror plot labelled the Battle of Toronto -- a plan to bomb the CSIS building, the Toronto Stock Exchange and a military base -- apologized yesterday for betraying his fellow Canadians.

Appealing for leniency at a pre-sentencing hearing, Saad Gaya, 22, said: "What I was a part of was absolutely wrong.

"Not only have I let myself down, but I have also let down everyone whom I have ever been associated," the slender science student who was raised in Oakville and Toronto read in a clear, steady voice.

Apologizing "for my irrational decision," he told Mr. Justice Bruce Durno: "I should have realized I was playing with fire.

"I was young and politically naive."

Insisting he was not raised in a "hate-filled environment" or brainwashed, Gaya said: "This is not why my parents sacrificed and worked so hard for and this is not what my teachers and professors dedicated their time for."

Arrested in June 2006 after helping unload two tonnes of fertilizer bought for use as explosives, Gaya pleaded guilty in September to intending to cause an explosion to benefit a terrorist group.

PULL TROOPS

Prosecutors have quoted al-Qaida-inspired organizer Zakaria Amara telling recruits bombings would influence Canada to pull troops from Afghanistan.

During final submissions, prosecutor Croft Michaelson said Gaya was "perhaps a naive man perhaps upset by events overseas," who showed "a willingness to participate in urban terrorism.

"He was prepared to wage war on the country of his birth," the Crown attorney said.

Quoting from an interrogation transcript, Michaelson said Gaya told a detective Amara promised he would become "a hero, like in the eyes of God," that preparing bombs was "our duty."

Lawyer Paul Slansky said his client would have quit if he thought people would die.

SUICIDE BOMBERS

Amara, 24, who pleaded guilty in October to knowingly participating in a terrorist group, plus intending to cause an explosion to benefit a terrorist group, intended to turn his team into truck-driving suicide bombers.

Two psychiatrists warned that Gaya -- whose parents and about 40 men and women sat silently throughout the proceedings -- might participate in future extremist violence, Michaelson said.

"He was motivated by his religious beliefs and his sympathy over the suffering limbs of the Muslim nation," he said, quoting the psychiatrists.

"That's the definition of an extremist," Michaelson said, asking Durno for a 17-year sentence.

Saudi-born Saad Khalid, 23, of Erin Mills, who was also arrested after unloading the fertilizer, was previously sentenced to 14 years.

Slansky argued Gaya should get a lower term since his involvement was less.

Gaya will be sentenced Jan. 18 -- the same day as Amara.

Others, whose names cannot be published yet, await trial.

IAN.ROBERTSON@SUNMEDIA.CA