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

Smoking materials blamed for fire at downtown Chilliwack apartment

Fire department once again reminding smokers to fully extinguish butts in approved containers

Park and trails consultation sessions kick off on Feb. 24

City staff will be talking about some current parks projects like green gyms for example

Man who stole millions from Seabird Island band sentenced to 4.5 years jail

Stephen MacKinnon sentenced in Chilliwack court for stealing $2.3 million over eight years

Freezing temperatures expected in Lower Mainland

Snowfall warning ends, but surge or icy air to continue

Chilliwack Chiefs take gut punch from Merritt in 5-2 loss

Trying to hold off Langley and Surrey for the Mainland division’s second seed, Chilliwack faltered.

From Langley to PyeongChang: Local student is at the Olympics

Walnut Grove Secondary student Kevin Kim is at the Winter Games to create a multimedia project.

UPDATE: Man killed in targted Coquitlam shooting identified

IHIT also asking for information about 2018 grey Chrysler 300 on fire near the shooting

VIDEO: B.C. deer caught obeying traffic signs

A herd of deer in Fernie, B.C. is getting attention online after stopping for a stop sign

Petition wants fundraiser dropped for family of man cleared in Boushie’s death

Group says GoFundMe is profiting from the young Indigenous man’s death

Porch lights turn on for Canadian teen behind #BeccaToldMeTo movement

New Brunswick’s Rebecca Schofield had asked her Facebook followers to perform random acts of kindness

Jacob Tremblay talks about playing a boy with facial differences in “Wonder”

It was a long stay in a makeup chair, but it could have been even longer

B.C. files challenge to Alberta wine trade ban

First formal dispute under Canadian Free Trade Agreement

NDP’s first budget to set spending record for housing, child care

Premier John Horgan promises biggest investments in B.C. history

B.C. man goes to jail for beating puppy to death

Robert Carolan has also been banned from owning animals for the next ten years

Most Read