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Source: http://north.cbc.ca/regional/servlet/View?filename=graham-adjourn-12152004

Graham hearing to resume in new year
WebPosted Dec 15 2004 05:47 PM MST

VANCOUVER - A Vancouver court has adjourned an extradition hearing involving former Yukoner John Graham.

Graham is fighting extradition to the United States.

He is charged with the murder of American Indian Activist Anna Mae Pictou Aquash.

* FROM MARCH 30, 2004 : Graham gets more time to prepare defence

The execution-style killing took place almost 30 years ago.

Graham's defence lawyer, Terry Laliberte, told the court this week that the United States is "blatantly misleading" Canadian authorities about its case against Graham.

Laliberte accused authorities of providing evidence they knew was false.

He says a summary of evidence against Graham includes a witness who's been dead for more than a year. Laliberte argued that U.S. authorities knew this, but didn't bother to tell Canadian justice officials.

"We've come up with objective evidence. The most blatant one, which they say... is they are going to call this 80-year-old man to testify and say certain things. And we on our own found out he died six months before, he died in August and in January they say they're expecting him to testify."

"Well, the courts almost take it at face value, what they say they're going to do."

Under Canada's extradition law, the U.S. only has to provide a summary of its evidence against an accused.

However, extradition expert Gary Botting says the defence may have a case if it can show the U.S. prosecutor knowingly presented false evidence.

"If the defence can present that as being the fact situation here, then the judge can, and there's now precedent, the judge can throw out the case," he says.

"Because the prosecutor has basically lied, he's deceived the Canadian courts. That's indeed an abuse of process and where there is abuse of process, the judge can look at that and say 'it's my court, and you're abusing it.'"

The defence is not allowed to cross-examine any witnesses or challenge any evidence given by the United States.

The hearing against Graham will resume in early January.

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