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Cablegate: Light Sentences Continue for Toronto Convictions

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DE RUEHON #0240 2781535
ZNR UUUUU ZZH
O 051535Z OCT 09 ZDK
FM AMCONSUL TORONTO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2953
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
RUEHLO/AMEMBASSY LONDON 0068
RUEAHLC/HOMELAND SECURITY CENTER WASHDC
RHMFIUU/HQ BICE INTEL WASHINGTON DC
RHMFIUU/HQ BICE WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUCNFB/FBI WASHINGTON DC
RHMFIUU/CDR USNORTHCOM PETERSON AFB CO
RUEILB/NCTC WASHDC
RUEAIIA/CIA WASHDC

UNCLAS TORONTO 000240

SENSITIVE
SIPDIS

STATE FOR S/CT

E.O.12958: N/A
TAGS: PGOV PTER PINR CA
SUBJECT: LIGHT SENTENCES CONTINUE FOR TORONTO CONVICTIONS

REF: (A) Toronto 106 (B) Toronto 210 (B) Ottawa 768

1. (U) Twenty-six-year-old Ali Mohamed Dirie, who pled guilty on
September 21 to participating in the "Toronto 18" terror plots,
received a seven-year sentence on October 2. Somali-born and raised
in Syria and Toronto, Dirie was arrested at the Canada-U.S. border
in August 2005 attempting to smuggle hand guns into Canada. He was
later indicted on terrorism charges, accused of attempting to
procure weapons for the group from jail. Like two other
previously-sentenced members of the group, Dirie was given credit
for pre-trial detention, reducing the total time he will likely
serve in prison to approximately two years.

2. (U) On October 1, Crown prosecutors announced that they would
appeal the sentencing of an earlier "Toronto 18" conviction, Saad
Khalid, who on September 3 received 14 years. Credit for pre-trial
detention in Khalid's case, also reduces the time he will serve in
prison. In filing the notice of appeal, Crown prosecutors stated
that the sentence does not fit the "gravity of the offense and the
culpability of the offender."
3. (U) Since the initial arrests of 18 Toronto-area men in 2006, for
a plot to carry out terrorist attacks in Southern Ontario to protest
Canada's military presence in Afghanistan, the following have been
convicted:
a) Nishanthan Yogakrishnan, 21, was convicted in September 2008 and
sentenced to 30 months on May 22. Given credit for time-served, he
has already been released;
b) Ali Mohamed Dirie, 26, pled guilty on September 21 to
participating in the activities of a terrorist group; he received a
seven year sentence and will receive double credit for time in
pre-trial detention;
c) Saad Khalid, 23, was sentenced to 14 years in prison on September
4 and will receive double credit for time in pre-trial detention;
d) Saad Gaya, 21, pled guilty on September 28 and awaits a December
sentencing hearing.
Seven others accused of participating in the "Toronto 18" terror
plots are still awaiting trial. They cannot be identified due to an
ongoing publication ban. Charges against the other seven members
were either stayed or dismissed
JOHNSON

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