Dawn Ostem
Northern News Services

Yellowknife (Jun 16/00) - The bail hearing for Walter Lothar Ebke, a German national suspected of alleged terrorist activity in that country, was postponed again and scheduled to proceed today.

Justice J.E. Richard scheduled the hearing for yesterday at Ebke's last court appearance June 8, but a defence witness was unable to attend.

Ebke attended court yesterday without restraints or police escort and sat with lawyer Adrian Wright with his own pen and legal pad. He also spoke briefly with people sitting behind him before court proceedings began.

The lifting of a temporary publication ban on evidence that will be heard at the bail hearing was argued by CBC's lawyer at yesterday's proceeding but was denied by Justice J.E. Richard.

Lou Walsh of Yellowknife represented the corporation, saying under section 26 of the Extradition Act a ban can only be ordered under circumstances risking a fair trial in the country in which the accused may be extradited to.

"The onus is placed on the one seeking the publication ban to establish there will not be a fair trial," he said. "There must be a real and substantial risk to a fair trial."

Crown counsel Shelagh Kreagh of Edmonton, who was brought to Yellowknife to deal specifically with the extradition matter, brought it to the court's attention that other matters being dealt with in territorial court may be affected by the lifting of the ban.

Regina Erika Pfeifer, Ebke's business partner, was charged with fraudulently entering Canada under the Immigration Act at the beginning of the month. Andrew Spaulding, a Yellowknife businessman, as well as Ebke himself, were also charged with aiding Pfiefer's entry into Canada. Ebke has also recently been charged with fraudulently entering Canada.

"The charges are before territorial court at this time," Kreagh said. "They may well be jury trials and will impact the ability of a fair trial."

Wright also opposed lifting the ban saying it would create concerns around Ebke's ability to operate his business if released on bail. Ebke operates Lothar's Workmanship Solutions, as well as the Back Bay Boat Bed and Breakfast with Pfeifer.

The publication ban is currently only in effect for the bail hearing and one has not been issued for the extradition hearing at this time.

Under the Extradition Act the extradition partner (Germany) has 45 days from the date of a provisional arrest to disclose information to both counsel, which Kreagh said they are yet to receive. If not provided in the stipulated time the accused may be released or a request can be made by the Attorney General for an extension. After

that time period the Attorney General has 30 days to review the information before the extradition hearing.

Ebke was arrested at his home in Yellowknife May 18.