Kevin Wilson
Northern News Services
Yellowknife (May 25/01) - Extradition proceedings against Lothar Ebke, a Yellowknife bed and breakfast owner "strongly suspected" of terrorist activity in Germany, should be stayed his lawyer argued Wednesday in Supreme Court.
Wes Wilson told Justice John Vertes that because German authorities have not charged Ebke, his client is "being compelled to attend this proceeding based on an unlawful arrest."
Wilson noted that German authorities want to extradite Ebke because he was, "strongly suspected of having committed .... offences" as a member of the Revolutionary Cells, a radical leftist group active 20 years ago.
In particular, the Germans are trying to link Ebke to two shootings of government officials and two bombings.
Much of the German evidence comes from Tarek Mousli, a former member of the Revolutionary Cells who was arrested and turned informant.
Wilson argued that "Mousli's evidence does not amount to anything more than suspicion."
Citing Canada's Charter of Rights and Freedoms, Wilson said everyone in Canada has the "right not to be arbitrarily detained or imprisoned."
That means police must have "reasonable and probable grounds" that an offence has been committed before making an arrest.
In order to satisfy the requirements for extradition under the Extradition Act, the requesting state must meet the Canadian test in order for police to arrest someone here.
CNN reported last year that Mousli pleaded guilty to crimes similar to the ones Ebke is suspected of. The report said he received a two-year suspended sentence and access to the German witness protection program in exchange for a guilty plea and testimony against alleged members of the Revolutionary Cells, including Ebke.
The hearing is expected to wrap up early next week.
