Somali refugee will remain in custody since he's dangerous

Friday, December 21, 2007

Kent Spencer, The Province

A thrice-convicted Somali refugee will stay in custody because he presents a danger to the public, an immigration board ruled yesterday.

Adjudicator Marc Tessler told the Vancouver hearing that Mohamed Mohamud was likely "to fall back into a pattern of violent crimes" because he faces deportation to war-torn Somalia. "He is unlikely to align his behaviour with Canadian values," said Tessler.

Mohamud, 35, appeared on a TV screen via a video link at the North Fraser pretrial centre.

Wearing a red prison jumpsuit and white wrist bracelet, he stared ahead without expression, crossing his arms and picking at his fingernails.

He arrived from Somalia in 1989 and was granted refugee status in 1990. He became a permanent resident in 1992, but was ordered deported in June 2006 because of his criminal convictions.

Tessler said the most "heinous" incident was a 2005 sexual assault that began near a SkyTrain station. It left the victim with enduring psychological trauma.

"The circumstances make one wonder what would have happened had she not escaped," said Tessler.

Mohamud has also been convicted of pulling a knife on a Toronto cabbie and "severely" punching a woman in the face during a sexual assault.

The hearing was told he has served four years in prison since coming to Canada.

Vishal Khanna, presenting the government's case, said Mohamud could have been sentenced to 44 years if maximum punishments had been applied.

Mohamud was before the board because he has been automatically released by the National Parole Board for serving two-thirds of his sentence for the SkyTrain attack.

Immigration Canada wants him deported back to Somalia. For the order to be carried out, Tessler said, a "ministerial" opinion must be produced that shows he is a "danger." The time-consuming process began in July 2006 and will be complete at the end of February.

"Two months is not an unreasonable amount of [additional] detention," said Tessler.

Mohamud was on medication for schizophrenia, but voices told him to stop taking medication, the hearing was told. He has a history of binging on alcohol and crack cocaine, and a transient lifestyle.

Mohamud's counsel, Antya Schrack, said Mohamud's dad took a drug called khat, which is banned in Canada, and "abused" him.

Schrack said Mohamud has been "depressed and suicidal."

"He told me he regrets everything he has done to other people," she said.

He has had trouble getting jobs, claiming he applied "200 times" in 2004 but received "no responses."

His next appearance before the board is on Dec. 27.

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