Police escort Misbahuddin Ahmed (not shown) and Hiva Alizadeh (not shown) from the Ottawa courthouse after a brief appearance August 26, 2010.
Credits: REUTERS/Blair Gable
OTTAWA - Two men accused of being part of a homegrown terror cell will proceed directly to trial without getting to test the evidence against them at a preliminary hearing.
Hiva Alizadeh, 32, and Misbahuddin Ahmed, 28, were arrested in August 2010 and are charged with conspiracy, participating in terrorist activity and possession of explosives.
The Crown didn't explain in court Thursday why, with the consent of the attorney general of Canada, they chose to file a direct indictment.
Alizadeh's lawyer, Matt Webber, demanded an explanation, noting lawyers have spent countless hours preparing for a month-long preliminary inquiry set for June.
"All it does is deny the accuseds what most Canadians accused in serious crimes have - the right to test the Crown's case at a preliminary inquiry," Ahmed's lawyer, Mark Ertel, said.
No date has been set for their trial.
A third man, Khurram Sher, will be tried separately.
Project Samossa investigators allege the men were involved in a plot to build and detonate bombs in Canada and raise money to help Taliban fighters in Afghanistan.