Toronto 18 member found guilty

Toronto 18 member Shareef Abdelhaleem has been found guilty of participating in a bomb plot, but his lawyer will try to stay theproceedings by alleging the Crown acted improperly in its investigation.

The defence elected to call no evidence Thursday at Abdelhaleem's trial on charges he participated in a terrorist group and intended to detonate bombs, a spokesmanfor the Public Prosecution Service of Canada.

The court found the Crown established Abdelhaleem's guilt beyond a reasonable doubt, Dan Brien said. Abdelhaleem had initially pleaded not guilty on both counts.

However, a conviction wasn't entered against Abdelhaleem, 34,and the defenceis seeking to have the casestayed on the basis of entrapment. Arguments on the entrapment motion are expected Monday.

"It may be that a stay of prosecution could be entered, and that is the equivalent of being acquitted," William Naylor, Abdelhaleem's lawyer, told CBC News.

Bill Gillespie, the security correspondent for CBC News, described the defence move as a complicatedtwo-step process.

The defence is expected to argue that if ithadn't beenfor RCMP informant Shaher Elsohemy, Abdelhaleem would never have gone as far as he did with the plot. The entrapment argument can only be made in the case of a guilty verdict, Gillespie said.

"[Abdelhaleem] can't argue entrapment until he's found guilty of something," Gillespie said. The proceedings stemming from the entrapment motion are expected to conclude by the end of next week, Naylor said.

The defence move is one that is "not very often brought... and not very often given," Naylor acknowledged.

Abdelhaleem and 17 others were arrested in 2006 and charged with terrorism offences. They came to be known as the Toronto 18.

Of those 18 people, five had their charges dropped or stayed, four pleaded guilty, one was found guilty and four are still awaiting trial.

Crown's case hinges on informant

Elsohemy, the Crown'sonly witness, was a friend of Abdelhaleem's who was paid $4.1 million to become an RCMP agent. He infiltrated the terror cell, which plotted to detonate one-tonne truck bombs at the Toronto offices of CSIS, the Toronto Stock Exchange and an unspecified Ontario military base, court heard.

Zakaria Amara, 24, the mastermind behind what a judge called the "spine-chilling" plot, was convicted earlier this week and sentenced to life in prison, the stiffest penalty for a terrorist offence, although he could seek parole as early as 2016.

It was the first time the maximum sentenced was handed down under Canada's anti-terrorism laws.

Elsohemy testified that Abdelhaleem initially balked at the bomb plot, saying it was not correct under Islam. Then hebecame excited at the prospect of profiting from an attack on the stock exchange, Elsohemy said.

The informant testified Abdelhaleem sought the advice of his father, Tariq Abdelhaleem, an engineer who ran an Islamic school, about carrying out a terrorist attack on Canadian soil.

Tariq issued a fatwa, or a religious ruling, that such an action would be "acceptable," placating Abdelhaleem's moral objections, Elsohemy testified.

Abdelhaleem at times had various suggestions for the plot, such as spreading the three bombs over three days instead of detonating them the same day, Elsohemy said. By the fourth day of bombs, Abdelhaleem said, people would be afraid to leave their houses, Elsohemy recalled.

Court heard that Abdelhaleem's view of the plot differed from that of Amara, who wanted to exact "maximum casualties."

Abdelhaleem argued for setting off the bomb at the stock exchangeat 6 a.m., when fewer people were around, whereas Amara thought it should happen at 9 a.m., Elsohemy testified.

Abdelhaleem floated several other "more logical" targets if the only intention was to kill people, including: Square One Shopping Centre in Mississauga, Ont., a football or soccer game, or a factory, where the food could be poisoned,Elsohemy said.