Published: September 25, 2008

Source: http://www.nytimes.com/2008/09/26/world/americas/26canada.html

BRAMPTON, Ontario — A judge on Thursday found a youth suspect guilty in a plot to bomb Canadian government offices and attack the prime minister, in the first trial of a member of the so-called Toronto 18.

The judge said there was credible evidence of a terrorist plot aimed at targets in North America. But the judge said the man could not be convicted yet because of a technicality.

The judge’s 50-page ruling hinged on whether the information provided by a paid police informant was credible. The judge said that prosecutors did not have to prove that the suspects were capable of carrying out a terrorist attack or that there was a specific plan, only that they could be demonstrated to be a terrorist group.

Because the man on trial was 17 years old when arrested, he cannot be identified under Canadian law. The man, who was accused of participating in terrorist training, moved to Canada from Sri Lanka in 1994 and was raised a Hindu. He converted to Islam in high school and met many of his accused accomplices, including a man prosecutors depict as the ringleader, at a mosque in the Scarborough area of Toronto.

Ontario Superior Court Justice John Sproat rendered his verdict in Brampton, Ont., courtroom, saying evidence that a terrorist conspiracy existed was “overwhelming,” according to the Canadian Press.

The story that first emerged about the 18 men and teenagers, all Muslims, who were arrested in and around Toronto in June 2006, was deeply disturbing. Police officials and prosecutors told of plots to bomb government offices in Toronto and Ottawa as well as a nuclear power station, and of a planned attack on Parliament with the aim of capturing Prime Minister Stephen Harper and decapitating him.

But as the judge in this Toronto suburb prepared to release the verdict on Thursday, the so-called Toronto 18 took on a less sinister cast.

Charges were dropped this year against seven of the defendants. And evidence presented at the first trial suggests that the group was long on inflammatory talk about plots but short on the means and methods to carry them out, and that it may have been aided — and perhaps provoked — by paid police informants.

From the first terrifying charges outlined by prosecutors to the gritty, often comically deflated details that have emerged in court, the case of the Toronto 18 seems to fit a well-established pattern in terrorism prosecutions. Whether the result of trumped-up charges, conflicting demands of intelligence agencies or difficulties of trying cases where evidence is withheld by governments looking to protect their sources and methods, numerous terrorism trials in the United States and Europe have similarly foundered over the years.

This month, for example, a London jury dealt a blow to counterterrorism officials when it convicted three of eight defendants of conspiracy to commit murder but failed to reach verdicts on the more serious charge of a conspiracy to blow up seven airliners with liquid explosives.

Evidence presented in court made it clear that, at best, the man was a minor character in the group.

No matter how minor his role, though, the evidence presented in the case presents a broad picture of the months leading to the raids, which, the police said, were timed to prevent the group from acquiring fertilizer to create bombs. The evidence was so broad that a court order prevents the publication of the identities of other people described in it to avoid prejudicing later trials.

There was no evidence offered directly linking the defendant to the bomb plot or plans to storm Parliament. Instead, most of the case focused on his attendance at two camps that the police described as terrorist training sessions but that prosecution witnesses characterized as recreational or religious retreats. Both were videotaped by a paid police informant who was part of the group and who testified that he choreographed some of the scenes.

Video from a camp north of Toronto in December 2005 shows a car spinning around in a nearby, snow-covered parking lot. Prosecutors characterized that as special driver training but the defense, and many outsiders, said it was nothing more than “cutting doughnuts,” a favorite winter pastime of young Canadian motorists. Other video from the camp shows paintball fights, military clothing and members marching with a group flag.

Video from a second camp shows participants trying to ford a small stream by walking across logs (many of them fell in), sitting in a circle around two machetes (both apparently dull) and a book on the floor of a tent in what witnesses said was a bid to mimic online Islamic videos, and people jumping over a campfire.

Inexperienced at camping and not fond of the cold, the participants at the winter camp spent much of their time retreating to the heat of a nearby outlet of Tim Hortons, the ubiquitous Canadian coffee shop chain. Both camps provoked reports of suspicious activity to local police officers who, at one point, roused a group of campers who were sleeping in a van.

But a handgun was used for target practice at the winter camp. Wiretaps and evidence from two witnesses who were at the camp also show that inflammatory, if sometimes cryptic, remarks were made, particularly by the alleged ringleader, who regularly preached about the need for young Muslims to avenge attacks on their faith and its homelands.

But whether most of the campers knew anything about targets in Canada is, at best, unclear. Conversations about bombings and attacking Parliament appeared to involve only a small subset of the group. They showed little planning. When discussing the attack on Parliament, the group debated whether the prime minister was Mr. Harper or, as one suspect put it, “Paul — um what’s his name — Paul loser,” apparently a reference to Paul Martin, the Liberal whom Mr. Harper defeated.

One of the suspects suggested during the talk that the current defendant, who was not part of that conversation, should cut off Mr. Harper’s head because he was the only camper who had shown interest in cutting firewood.

In his closing arguments, the prosecutor, John Neander, cited the suspected ringleader’s repeated calls for the destruction of “Rome” as evidence that the defendant should have known the group planned attacks in Canada. (Although one witness testified that when some of the youths at the second camp complained about Canada, he reminded them about the quality of its roads, schools and health care system.)