B.C. man acquitted of terror charges sues provincial, federal governments

Othman Hamdan was charged in 2015 over 85 Facebook posts in which he supported some actions of Islamic State militants

Scales of justice

A British Columbia man acquitted of terrorism-related charges has filed a lawsuit against the provincial and federal governments, arguing he was maliciously prosecuted in violation of his charter rights.

Othman Hamdan was charged in 2015 over 85 Facebook posts in which he supported some actions of Islamic State militants and celebrated “lone wolf” terrorists. Last year, a B.C. judge ruled his comments might have been offensive, but they didn’t constitute inciting terrorism.

Hamdan has filed a lawsuit that argues Canadian and B.C. authorities prosecuted him despite the absence of probable grounds supporting his guilt and chose to ignore a body of evidence that supported his innocence.

“The conduct of the defendants was reckless, intentional, deliberate, in disregard of the plaintiff’s rights, indifferent to the consequences and exploited the plaintiff’s vulnerability,” says the notice of civil claim filed in B.C. Supreme Court.

Hamdan, 35, is a Jordanian national of Palestinian descent who came to B.C. after living in the United States and was granted refugee status following the 9/11 terrorist attacks. He has been detained pending the results of an immigration review.

At the time of his arrest, he was living in the northern community of Fort St. John. The Facebook posts were written between September 2014 and July 2015, with one reading, “Lone wolves, we salute you.”

Related: B.C. man cleared of terrorism charges related to Facebook posts

In acquitting Hamdan, B.C. Supreme Court Justice Bruce Butler wrote that he “was trying to highlight what he perceived to be hypocrisy and injustice, support some of the actions of (the Islamic State) in its defence of Sunni Muslims in Iraq and Syria and promote discussion about these issues.”

Hamdan says in his notice of civil claim that he only learned during trial that the sole evidence being presented against him was the online posts, which he says are constitutionally protected speech and “woefully inadequate evidence to secure a conviction.”

None of the allegations contained in the lawsuit has been proven and no statements of defence have been filed.

Hamdan alleges the Crown never presented the full body of evidence in their possession — hundreds, if not thousands of posts — but simply chose particular posts which fit their theory of the case.

“The only purpose of the plaintiff’s incarceration has been to disrupt him from having access to a computer to voice constitutionally protected speech, in violation of his charter rights,” says the lawsuit.

Hamdan says he remains “unlawfully” incarcerated and has suffered damages including loss of liberty, reputation, privacy and opportunity to earn income, as well as humiliation, pain and suffering.

He adds the defendants’ conduct “offends the moral standards of the community and warrants the condemnation of this court.

“In doing so, they acted in a manner inconsistent with their roles as ministers of justice and with an intention to subvert or abuse the office of the provincial Crown and the process of criminal justice, and so exceeded the boundaries of the office and of the provincial Crown.”

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Four Grizzlies crack NHL’s central scouting list for 2019

Newhook, Campbell, Bucheler and Berger earn NHL notice

Added webcams give drivers more views of Malahat and highway to Sooke

Five new DriveBC webcams installed in high traffic locations on Vancouver Island

Legend of Victoria dog ‘Cody’ lives on with successful pet drive

Charmaine’s furniture store collecting donations for Victoria Pet Food Bank

Skygazers spot mysterious flaming object during Sunday’s lunar eclipse

University of Victoria astronomer explains the “glowing object”

Evicted UVic student questions Saanich’s housing bylaw

Emma Edmonds had been living with six roommates, while the bylaw states you cannot exceed four

Royals test unbeaten streak on Hockey for Hospitals night

Marty and the Victoria Royals host Hockey for Hospitals night on Feb. 2

Former Blue Jays ace Roy Halladay voted into Baseball Hall of Fame

M’s legend Edgar Martinez, Rivera, Mussina also make the grade

POLL: Do you support a speculation tax on vacant homes in Greater Victoria?

Homeowners have begun to receive letters asking if they should be exempt… Continue reading

Why would the B.C. legislature need a firewood splitter?

First sign of police involvement in investigation of top managers

New Canada Food Guide nixes portion sizes, promotes plant-based proteins

Guide no longer lists milk and dairy products as a distinct food group

Judge annuls hairdresser’s forced marriage to boss’ relative

Woman was told she’d be fired if she didn’t marry boss’s Indian relative so he could immigrate here

Liberals look to make home-buying more affordable for millennials: Morneau

Housing is expected to be a prominent campaign issue ahead of October’s federal election

Cannabis-carrying border crossers could be hit with fines under coming system

Penalties are slated to be in place some time next year

Most Read