BRAMPTON, Ont. - A sentencing hearing for the only member of the so-called Toronto 18 who has pleaded guilty for participating in a 2006 terror plot heard conflicting arguments Friday about how much the 22-year-old actually knew about the plan.
Lawyers at the hearing for Saad Khalid offered competing theories about his state of mind as he took part in the plan to bomb the Toronto Stock Exchange, the headquarters of CSIS, and an unspecified military base.
Crown attorney Croft Michaelson portrayed Khalid as an "active and enthusiastic" member of the small terror cell, who was well-aware the plot would harm or kill innocent civilians.
But Khalid's lawyer, Russell Silverstein, painted his client as a bit player, suggesting he knew little of the alleged ringleaders' motives and that he was kept "in the dark" about important elements of their plan -- including what the bombs would be used for.
Khalid was arrested in the Toronto area in June 2006 while attempting to unload what he believed was ammonium nitrate into a warehouse that he'd rented for the group, according to an uncontested statement of facts entered as evidence earlier this week.
He pleaded guilty to one count of participating in a terror group with the intention of causing an explosion "likely to cause serious bodily harm or death," or to damage property.
Seven of the accused have since had their charges dropped, and other names in Khalid's case are protected by a publication ban.
Michaelson argued that unloading the ammonium nitrate was just one piece of evidence suggesting Khalid must have been "willfully blind" not to realize the violent aspirations of the group's leaders.
"Mr. Khalid must have known that (the ringleaders) intended to cause death," said Michaelson.
The attorney also pointed out that Khalid had bought relay switches that were apparently destined to be used in making the bombs, and that he'd been told to go "downtown" and perform "reconnaissance."
But Silverstein told Justice Bruce Durno that the Crown had not adequately proved beyond a reasonable doubt that Khalid ever knew what the eventual targets would be.
Given the thoroughness of the police investigation, had Khalid been an integral part of the plot, the investigators would have uncovered evidence of that, said Silverstein.
However, they couldn't prove one of the top alleged ringleaders even spoke directly with Khalid, he told Durno.
Nor was there ever any indication the group told Khalid what the specific targets were when they sent him on his "reconnaissance" mission, said Silverstein.
"When you look at the evidence, your honour, you just don't know what Saad Khalid's plan was. And there is no way to know, given the evidence that's been presented," he said.
While acknowledging Khalid held extreme views, "you can have extreme jihadist views without wanting to blow up buildings in downtown Toronto," he added.
One of the Toronto 18, a youth at the time of his arrest, was convicted last year of attempting to bomb several targets.
The judge in that case ruled it was clear that a terrorist group that adhered to al Qaeda principles existed.
Khalid's sentencing hearing resumes in August.
