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

14-year-old pilot attempts to break Guinness World Record at Langley airport

Mohd Shaikhsorab wants to become youngest pilot with fewest hours logged to fly solo

VIDEO: City of Langley orders road closed due to gas line break (updated)

Public asked to avoid area of 198 Street, between 55 and 56 Avenues

Lower Mainland cools down as heat wave lifts

Environment Canada predicts temperatures in the mid to low 20s

Educational videos for rodeo athletes address concussions, mental health

Ty Pozzobon Foundation, Canadian Pro Sports Medicine Team produce series

Langley’s Brunsch bunch

It’s all relative for lacrosse-playing brothers who are teammates

VIDEO: Trudeau shuffles familiar faces, adds new ones to expanded cabinet

Justin Trudeau shuffles his front bench Wednesday to install the roster of ministers that will be entrusted with leading the Liberal team into next year’s election.

Price no guarantee for safety with horse riding helmets: new report

A Swedish insurance report reveals that many brands of equestrian helmets do not protect riders as well as they could.

One year later: Still no suspects in killing of 13-year-old B.C. girl

Marrisa Shen was killed in Burnaby’s Central Park on July 18, 2017

BC Games opening ceremonies promise to be magical

Features Shane Koyczan and his band, Asani, parade of athletes, and lots more

VIDEO: Toronto Raptors send DeMar DeRozan to Spurs in colossal NBA trade

Toronto also sent Jakob Poeltl and 2019 first-round pick, gets Kawhi Leonard and Danny Green

More lightning forecast as storm sparks 38 new wildfires in B.C.

22 new fires in are burning in the Kamloops Fire Centre according to the BC Wildfire Service.

Banff’s bathroom bears returned to the park after 15 months of rehab in Ontario

Black bears, now yearlings, were sent to the Aspen Valley Wildlife Sanctuary in Ontario last April

Monster trucks returning to Abbotsford

Monster Madness tour arriving in September

Most Read