Omar Khadr can’t dodge US$134M civil judgement by recanting guilty plea: U.S. court filing

The Canadian Press

Colin Perkel

The lawyers are calling on an Canada court to enforce the judgment against Khadr handed down in Utah in June 2015 in favour of Sgt. Chris Speer’s widow

Former Guantanamo Bay prisoner Omar Khadr cannot avoid a huge civil judgment against him by recanting the confession and guilty plea he made before an American military commission, lawyers acting for the widow of a U.S. special forces soldier argue in new court filings.

Canadian courts must accept the agreed statement of facts that underpinned Khadr’s war-crimes conviction in 2010, they argue, regardless of whether he lied under oath when he admitted to tossing a hand grenade that killed the soldier eight years earlier.

“No court anywhere, either in Canada or the U.S., has found the (agreed statement) specifically was involuntary or the product of coercion,” the lawyers state in their filing last month. “A sworn confession is not lightly ignored, particularly when (Khadr) benefited significantly from it in terms of a plea agreement resulting in a reduced sentence and the eligibility to be commuted back to Canada.”

Nor is it relevant, they argue, how Khadr was treated after American forces captured him as a 15-year-old in Afghanistan in July 2002 and shipped him off to the infamous prison where, Canadian courts have concluded, he was abused and his rights violated.

The lawyers are calling on Canada’s Court of Queen’s Bench to enforce a US$134-million judgment against Khadr handed down in Utah in June 2015 in favour of Sgt. Chris Speer’s widow, Tabitha Speer, and former U.S. special forces soldier Layne Morris. Chris Speer was killed following a massive U.S. assault on an insurgent compound in which Khadr was badly wounded. Morris was blinded in one eye during the same operation.

In exchange for a further eight-year prison term and the promise he could serve most of it in Canada, the Toronto-born Khadr admitted in 2010 before a widely discredited military commission in Guantanamo Bay to having thrown the grenades that killed Speer and injured Morris.

full story at http://nationalpost.com/news/canada/u-s-plaintiffs-fire-back-at-khadr-defence-over-damages-award-enforcement-2