Dawn Ostrem
Northern News Services

Yellowknife (Sep 21/01) - Lothar Ebke's lawyer said it will be easier to appeal an extradition order now that the man Germany alleges to be a terrorist has been released on bail.

Lothar Ebke: free on bail - NNSL file photo

Ebke and his supporters have been quiet about the case he is now appealing.

But Adrian Wright said he is happy about Wednesday's decision, which came 13 days after a judge ruled his client can be extradited.

About 20 of Ebke's friends, most the them Old Town neighbours, filed into the Yellowknife Courthouse to listen to lawyers' submissions before the NWT Court of Appeal. Ebke was well-kempt after two weeks in jail, but appeared nervous as he sat by Wright.

Justice Ted Richard accepted Wright's submission of letters and petitions attesting to Ebke's good character.

"I am satisfied ... citizens of the public ... would agree in the case of this appellant that it is not necessary to physically detain him in custody," Richard said, referring to one of three points of legal argument.

"Many of his friends in this community vouch for Mr. Ebke."

Six of those friends put up $75,000 in bonds, with the remaining $25,000 supplied in cash.

Wright argued successfully that Ebke's appeal is not a frivolous one, he would abide by strict conditions set out for him and that it is not necessarily in the public's interest to keep him jailed.

Crown counsel for the attorney-general, Debra Robinson, outlined objections to Ebke's release.

She also submitted a lengthy history on the Revolutionary Cells, the terrorist organization with which Ebke is alleged to have worked.

She said the radical leftists acted violently on behalf of the workers, youth and women. Certain cells -- of which Ebke is not alleged to be a member -- attacked a U.S. army base and other institutions regarded as imperialistic.

She also told how Ebke allegedly became friends with a former group member who served as a police informant by meeting through a radio group that eavesdropped on government communications.

She said e-mail found on Ebke's computer and dated April 19, 2000, which was shortly before Ebke's arrest, reads, "I heard he now implicates virtually everyone."

"I suggest now is not the time to release Mr. Ebke," she said.

Robinson argued Ebke remains a flight risk because of the Revolutionary Cells' connection with terrorist groups in Nicaragua. Ebke travelled there in the 1980s.

Now a carpenter and owner of a city bed and breakfast, Ebke was arrested 18 months ago by Yellowknife RCMP at the request of German authorities.

He was released on bail June 16. That time, the onus to prove Ebke should not be released was on the Crown.

This time the burden of proof was on the defence to proof he is not a flight risk.

Ebke has not yet been convicted, however. The proceedings at this stage deal only with determining his extradition.

The results of his extradition hearing were decided on Sept. 6, when Justice John Vertes ruled there is enough evidence to extradite Ebke, but it is not in his jurisdiction to do so.

Now, Ebke must make submissions to the federal minister of justice, who will determine if he will be sent back to Germany according to an international treaty.

Meanwhile, Ebke's appeal of the Vertes ruling has been scheduled for Jan. 22, 2002.

Conditions of release

-Ebke must surrender into custody on Jan. 18, 2002, shortly before his appeal hearing, to ensure he appears there.

-Report to the RCMP daily and when required to do so.

-Remain within Yellowknife or take trips along the Ingraham Trail only for work and only with written RCMP permission.

-Notify RCMP of any change in address, occupation, or place of employment.

-Surrender his passport.

-Abstain from communication with named suspects allegedly involved with the Revolutionary Cells.

-Have no guns.

-Respond to any reasonable request by the RCMP.