The Web Sri Lanka In Focus

Monday 14 April 2008

Canadian POLICE MOVE ON TAMIL GROUP

WTM denies it is funding terrorism

Counterterrorism police in Quebec and Ontario effectively shut down a non-profit organization for Canadian Tamils this weekend due to allegations it has been raising money to finance terrorist activities in Sri Lanka.

The RCMP was expected to announce details of its unprecedented actions as early as today, but several sources said police had moved in to enforce a Federal Court restraining order against the World Tamil Movement.

The WTM's offices in Montreal and Toronto have been under police investigation for six years, and were raided by police in 2006. While no charges have yet resulted, the decision to seek a restraining order suggests Ottawa is aggressively pursuing the group.

The restraining order pertains to real estate in Montreal and other assets in Toronto.

The recent events are focused mostly on Montreal. Police sealed off the Montreal WTM office on Friday, said Steven Slimovitch, the group's lawyer. He said his clients were barred from entering the premises, disrupting community programs.

"A Federal Court judge has issued an order to seal the office of the World Tamil Movement and to essentially put it under the trusteeship of the federal government," he said.

The order was issued under a section of the Criminal Code dealing with terrorism financing, but Mr. Slimovitch said no defence counsel were present for the hearing and his clients deny the allegations they are financing terrorists.

"My clients have never been charged with terrorism-financing, and my clients have never had a chance to defend themselves against terrorism-financing accusations," he said.

The action is the latest development in two related RCMP-led investigations called Project Osaluki and Project Crible. The probes, by the Integrated National Security Enforcement Teams in Ontario and Quebec, are examining allegations the WTM has been funnelling money to the Tamil Tigers to finance civil war in Sri Lanka.

The Tamil Tigers are an outlawed terrorist group in Canada. Knowingly raising money for the group or financing its activities is against the law and punishable by up to 10 years in prison. Many members of Canada's large ethnic Tamil community support the Tigers and their fight to create an independent state for Sri Lanka's Tamil minority.

Police went to court last week to ask for restraining orders against WTM properties in Toronto and Montreal, said a source familiar with the case. Officers were in the process late yesterday of serving official notice to the people associated with the properties.

Police officers were having difficulty finding at least one per-son linked to the group and its properties. The RCMP was apparently waiting for that to take place before publicly announcing the moves it had taken.

This appears to be a first in the realm of terrorism, but the police action is similar to the way police routinely deal with organized crime: Officers will appear before a judge in private and present affidavits seeking judicial approval to restrain properties considered proceeds of crime.

While the property is restrained, the owner cannot sell it, move it, alter it or dispose of it. The order secures the property pending a court hearing. The owners are then notified and can appear before the courts and mount a defence against the Crown's allegations.

A judge will then decide whether the restrained property should be forfeited to the Crown or returned to its owner. The process is similar to how police restrain fortified clubhouses of the Hells Angels Motorcycle Club and other bike gangs.

The weekend police action in Montreal has disrupted community activities scheduled for the group's headquarters in the city's Cote-des-Neiges district, Mr. Slimovitch said.

"Essentially they're shutting down the entire community -- artistic things, sporting things," he said. "My clients completely deny any terrorism financing. They support the Tamil people and they support the Tamil people's right to self-determination, but they are very much against any form of terrorism."

An official with the WTM Montreal office declined comment and referred all questions to Mr. Slimovitch. The lawyer said he intends to go to court to have the reasons for the order disclosed.

Corporal Elaine Lavergne of the RCMP said the police force could not comment as a result of the secrecy order.

"We are under the authority of a court," she said. She could not even disclose the level of court that issued the order, which she said is sealed from public view. "It has never happened before," she said of the sweeping secrecy provisions.

The president of the WTM's Ontario branch, Sitta Sittampalam, also declined to comment yesterday. "I was asked by my lawyer not to reveal anything on this matter," he said. "I'm not in a position to divulge anything."

Source: nationalpost.com