Toronto, Friday, September 17, 2004
intercepted Zündel's mail, ex-agent
By Kirk Makin
CANADIAN Security Intelligence
Service officials intercepted Ernst
Zündel's mail and used commercial flights
to send packages they were worried could have
contained bombs to Ottawa for analysis, a former
CSIS agent testified yesterday.
In compelled testimony at a deportation hearing
for the Holocaust
denier, ex-agent John Farrell said he
warned his superiors several times that using
commercial flights to send the packages was highly
"You were personally aware of this?" asked Mr.
Justice Pierre Blais of the Federal Court of
"Yes," said Mr. Farrell, 37.
"CSIS ignored you, putting the lives of
Canadians at risk?" asked defence lawyer Peter
"Yes," Mr. Farrell said. "To the best of my
Mr. Zündel did receive a package containing
a pipe bomb during the period in which CSIS was
monitoring his mail. He took it to police.
Mr. Lindsay grilled Mr. Farrell throughout the
day about illegal mail opening and possible law
breaking by CSIS. Mr. Farrell confirmed statements
he made in a recent book - Covert Entry -
that Mr. Zündel's mail was intercepted for
However, Mr. Farrell distanced himself from some
statements in the book that author Andrew
Mitrovica attributed to him, including an
opinion Mr. Farrell allegedly expressed that CSIS
intentionally violated the law in its campaign
against white supremacists.
"I didn't write that. And I didn't say that,"
Mr. Farrell testified.
However, Mr. Farrell
conceded that in his view, CSIS's motto ought to
be: "Lie, deny, and then act surprised."
Asked why he felt that way, Mr. Farrell said:
"Because that was typical of what was going on in
Mr. Lindsay hopes to expose CSIS as a rogue
agency that will stop at nothing to attain its
goals, which would taint the evidence it has
assembled to justify deporting Mr. Zündel
under a rarely used security certificate.
the security-certificate procedures, the evidence
was presented in strict secrecy to Judge Blais. The
defence must guess at what
CSIS is alleging in its attempt to portray
Mr. Zündel (left) as dangerous to
After 18 months of legal jousting, the hearing
has increasingly taken on a surreal quality, its
participants noticeably punchy. Yesterday, Mr.
Farrell issued a sharp warning to Mr. Lindsay at
one point not to be high-handed with him. Shortly
afterward, Mr. Lindsay rebuked Judge Blais for
ignoring Supreme Court of Canada jurisprudence.
Meanwhile, Judge Blais, a one-time
solicitor-general of Canada with responsibility for
CSIS, took turns upbraiding just about
Early in the day, he demanded that Mr. Farrell's
lawyer, John Norris, move to a distant seat
where he would be less inclined to make legal
objections. He also chastised CSIS lawyer Murray
Rodych for making baseless objections.
Mr. Lindsay, meanwhile, went after Mr. Rodych
himself. "I see my friend, Mr. Rodych, is laughing
again; snorting like a rat," Mr. Lindsay observed
Judge Blais also launched a tirade at Mr.
Mitrovica, who was sitting in the back of the
courtroom and apparently signalling his reaction to
testimony. "You have a concern, Mr. Mitrovica,
expressed with your body language?" the judge said
As Mr. Mitrovica began to defend himself, Judge
Blais grew angrier. "You seem to laugh, to smile,"
he said. "I do care about managing the courtroom.
It's not a show."
Prosecutors spent much of the day jumping up and
down to object to questions, often on the grounds
that responding to a question might jeopardize
national security. Mr. Farrell was sent into the
hallway so many times that Judge Blais apologized
for the mileage he was putting on his shoes.
Mr. Zündel shook his head silently several
times and stared at the courtroom clock.
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