Police interviews with terror suspect ‘not fair’

‘Isa not allowed interpreter and lawyers denied access

Hours of interviews with an Edmonton terrorism suspect by Canadian and U.S. investigators should be ruled inadmissible because of language issues and limited access to counsel, his defence lawyer argued Friday.

Faruq Khalil Muhammad ‘Isa, 40, should have been given an Arabic interpreter and allowed a second opportunity to speak with counsel, said his lawyer, Bob Aloneissi.

“He asked repeatedly for an interpreter that was not provided,” Aloneissi told his client’s extradition hearing. “It’s not fair.”

Members of the RCMP, FBI and the U.S. Department of Justice interviewed ‘Isa for hours after his arrest at his Edmonton apartment in January 2011.

During that time, they showed him documents, played him recordings and had him sign documents that were all in Arabic, but asked him questions in English.

“Any time there is anything critical, the language used is not English,” Aloneissi said.

‘ Isa, who requires an interpreter in court, told investigators he did not understand several words they used, including allegation, cautious, complex, preach and conspiracy.

He told police he learned his broken English from the movies.

Aloneissi argued that ‘Isa should’ve been allowed to speak to him further than just one phone call during his arrest.

When ‘Isa told police he was supposed to call Aloneissi back at 2 p.m., a call that was not allowed, officers should have known that ‘Isa’s right to legal advice had not yet been fulfilled.

“They adopted the Hollywood view of the law that he gets one phone call,” Aloneissi said. “That’s not the law.”

Nathan Whitl ing, an Edmonton extradition lawyer, testified that he and Aloneissi went to the RCMP detachment in Sherwood Park to speak to ‘Isa when he hadn’t called Aloneissi back.

They were denied access, Whitling told the court.

Crown prosecutor Moiz Rahman argued the interviews are admissible because ‘Isa submitted to them voluntarily and his one phone call with Aloneissi is all the law entitled him to.

A half-hour phone call with a lawyer who spoke Arabic is enough access to legal counsel, Rahman said.

The Crown also reminded court that ‘Isa was given water, food and breaks whenever he requested them and that “there is absolutely no evidence of threats or inducements.”

‘Isa did most of the talking, Rahman said, and even kept talking after officers said the interviews were over.

‘Isa’s extradition hearing will determine if he will be handed over to American authorities.

‘Isa faces charges that he helped plan the deaths of five U.S. soldiers in a 2009 bomb attack in Iraq.

U.S. and Canadian investigators believed ‘Isa recruited

“They adopted the Hollywood view of the law that he gets one phone call”

BOB ALONEISS I ,LEFT

and groomed suicide bombers by phone and Internet to kill Americans in Iraq from his Edmonton apartment.

‘Isa, an Iraqi-Canadian, faces five murder charges and is also charged with conspiring to kill Americans abroad and providing material support to a terrorist conspiracy to kill Americans abroad.

He has been held in segregation since January 2011 at the Edmonton Remand Centre while awaiting his extradition hearing.

If convicted in the U.S., ‘Isa could face a maximum of life in prison.

According to the indictment, ‘Isa “did knowingly and intentionally and with malice aforethought conspire to kill one or more nationals of the United States” between January 2008 and January 2011.

The hearing continues Oct. 11.