OTTAWA - Counsel for Bashir Makhtal, a Canadian held in Ethiopia for two years, says only intervention from the prime minister will ensure his client is dealt with fairly.
Lorne Waldman said Thursday that Stephen Harper must step in, just hours after his client's trial was adjourned in Addis Ababa because witnesses did not show up -- the latest of several delays in the mysterious case.
Makhtal's trial for alleged involvement in a separatist group -- a charge he denies -- is slated to resume April 20.
Waldman, who represented falsely accused terrorism suspect Maher Arar, said the lessons from that high-profile matter are clear.
"In Arar's case it was only when the prime minister got directly involved that things began to happen. And I think the same would be true here."
Transport Minister John Baird, who has a large number of constituents of Somali origin in his Ottawa-area riding, has taken an interest in Makhtal's case, and has suggested he might travel to Ethiopia.
"I think that would be very positive," Waldman said Thursday. "And I would hope that if he went he (would take) a letter from the prime minister with him."
Makhtal, born in Ethiopia, settled in Canada as a refugee and later moved to Kenya, opening a used-clothing business. He was working in Somalia when Ethiopian troops invaded in late 2006. Makhtal fled back to Kenya, but was detained along with several others at the Kenya-Somalia border.
Waldman confirmed Thursday he is charged with being a member of the separatist Ogaden National Liberation Front.
"The charges don't surprise me," Waldman said, adding Ethiopian documents he has seen on the case are "very problematic."
One alleges Makhtal was arrested in Somalia while fighting with the ONLF, he said. "But we know that's not true."
New York-based organization Human Rights Watch says Makhtal was among at least 34 people deported to Somalia from Kenya on Jan. 20, 2007, aboard an African Express Airways flight to Mogadishu. He was then shipped to Ethiopia.
Unconfirmed reports have hinted Makhtal was swept up in a rendition-style detention assisted by western intelligence.
Hundreds of pages of records released under the Access to Information Act reveal a trail of frustrated efforts by Foreign Affairs officials to assist the former Toronto man languishing behind bars.
A candid departmental assessment of turmoil in Ethiopia underscored the challenges: "Post-electoral violence, judicial processes that did not fully respect due process, and regional or ethnic exclusion in the political system have not been good for Ethiopian politics," say "talking points" prepared for Makhtal's case.
Waldman says there is no prospect of a fair trial. "So the only hope for Bashir is political intervention from the Canadian government at the highest levels.
"Given the fact that we have a government who is giving a lot of aid to Ethiopia, it seems we have quite a bit of leverage if we're prepared to use it."
Foreign Affairs spokesman Daniel Barbarie said the government was closely monitoring the case.
"We continue to make high-level representations to the government of Ethiopia regarding his right to access consular officials as well as to seek to ensure that his rights are protected and that he receives a fair and transparent trial."
He said the Privacy Act prevented him from discussing particulars of Makhtal's case.
Last month, Baird and Immigration Minister Jason Kenney both said they've seen no proof Makhtal is a criminal or a security risk.
"There's absolutely no evidence whatsoever that he's committed any crime," Baird said before an Ottawa meeting of Somali-Canadians. "What we have here is a Canadian citizen whose civil liberties have been egregiously violated."
Baird's spokesman was unavailable Thursday, and a spokesman for Kenney said he would be briefed on the latest developments only Friday.
