Kevin Wilson
Northern News Services

Yellowknife (Jan 25/02) - Lothar Ebke's legal odyssey was simplified Wednesday, when an appeals court ruled two proceedings could take place simultaneously.

The Court of Appeal of the NWT ruled that Ebke could have his appeal hearing and a judicial review of any decision by the federal justice minister to extradite the Yellowknife entrepreneur to Germany heard simultaneously.

"We are all of the view that the order sought ought to be granted," said Justice Constance Hunt, speaking for the court.

Last September, territorial Supreme Court Justice John Vertes ruled there were grounds for Ebke to be extradited to Germany. Ebke is appealing that ruling. Territorial Supreme Court Justice Ted Richard then ruled that Ebke appeal could be heard Apr. 22.

Tuesday's ruling means any judicial review of a minister's order will take place at the same time as Ebke's appeal of Vertes' September ruling.

Crown attorney Bernadette Schmaltz did not oppose the request, noting "concerns of potential jurisdictional overlap" between the two matters.

Schmaltz added the German government agreed both matters should be heard simultaneously.

Adrian Wright, Ebke's defence lawyer, said Federal Justice Minister Martin Cauchon must decide by the "end of May" whether or not to sign the extradition order.

The German government accused Ebke of being a leftist terrorist during the early 1980s and asked RCMP in Yellowknife to arrest Ebke. He and four associates were later charged with Immigration Act offences. Those charges were later stayed, but the Germans still want Ebke to stand trial there on terrorism charges.