OTTAWA - A federal lawyer began concluding arguments in the Mohamed Harkat case by painting the Ottawa man as a calculating terrorist who consistently covered his tracks with lies.
Counsel David Tyndale said Monday that Harkat's version of reality is "irreconcilable" with the government's view of his activities and associations.
Tyndale asked Federal Court Justice Simon Noel to weigh the full sweep of evidence before him, arguing there are "more than reasonable grounds" to conclude Harkat's behaviour less than innocent.
Harkat, a former gas bar attendant and pizza delivery man, was arrested in December 2002 on suspicion of being an al-Qaida sleeper agent.
The government wants to deport Harkat to his native Algeria under a national security certificate -- a seldom-used tool for removing suspected terrorists and spies.
The long-running case has hit numerous snags and delays, including a successful constitutional challenge that forced the government to revamp the security certificate regime.
Noel will weigh all of the evidence heard behind closed doors and in open court before concluding whether the government acted reasonably in filing the certificate.
Harkat, who lives in Ottawa with his wife, denies any involvement with terrorism.
He says he's merely a refugee who fled strife-ridden Algeria and worked with an aid agency in Pakistan before his 1995 arrival in Canada using a false Saudi passport.
Harkat, who fears torture if returned to his homeland, said Monday he hopes justice will prevail and that his name will be cleared.
"If it doesn't happen that way, there is a problem with the system."
Tyndale summed up the federal case by arguing that Harkat has given "calculated answers" about his global movements, communication with alleged extremists, and financial dealings since coming to Canada.
The federal lawyer told Noel he need not even agree with the government's assessment of Harkat as a terrorist sleeper agent -- that the threshold in the case is only whether he's admissible to Canada.
"We're here to determine a relatively simple issue."
Over many months, however, the facts of the case have proven to be anything but simple.
For instance, the government alleges Harkat knows high-profile al-Qaida operative Abu Zubaydah and was prepared to carry out instructions on behalf of the extremist.
Harkat supposedly told an unidentified acquaintance he was ready to pay $1,000 to help out Abu Messab Al Shehre -- later deported as a security risk -- if contacted by Zubaydah and told to do so. Harkat flatly denies knowing Zubaydah.
U.S. authorities captured Zubaydah in Pakistan, and it has since become apparent he was tortured into divulging information. There is also disagreement about his role and stature in al-Qaida.
Noel said he would keep the door open to new developments in the Zubaydah matter until Aug. 31, indicating his judgment on whether to uphold or toss out Harkat's certificate won't come until September at the earliest.
The judge also warned both sides he would challenge assertions over the next few days as they make final arguments in the case.
"I'm a curious individual," Noel said. "I've got some weighing to do."
