09/28/2012 04:17 EDT | Updated 11/28/2012 05:12 EST

Terror Suspect's Rights Respected, Says Crown


The lawyer for an Edmonton man accused of killing five U.S. soldiers in Iraq says police lied to him and his client, and is asking a judge to ignore a taped interrogation by Canadian and American authorities.

Sayfildin Tahir Sharif, a Canadian citizen, is accused of aiding in the murder of the soldiers who were killed on April 10, 2009, when a truck filled with explosives blew up near the gate of Forward Operating Base Marez in Mosul, Iraq.

Court of Queen's Bench Justice Adam Germaine is tasked with deciding if Sharif, 40, will be extradited to the United States.

All week Germaine has been hearing arguments over whether Sharif's comments to police were made voluntarily and his rights respected.

Defence lawyer Bob Aloneissi says Sharif was allowed to call him. But when the lawyer showed up to RCMP headquarters, he says he was told Sharif hadn't asked to see him.

Aloneissi says Sharif asked for his lawyer a number of times throughout the later questioning and those requests were never granted.

The lawyer called it a "serious breach" and also argued that a translator should have been present for the interview.

Prosecutors say the interrogation followed Canadian law and that officers treated Sharif with respect.

During the interviews, first by the RCMP, followed by the U.S. Department of Justice, no officer raises his voice or touches Sharif in any way.

The Crown points out that whenever Sharif asks for food, water or a break his request is granted.

Sharif also got to spend half an hour on the phone with a lawyer to get advice before the interviews began, the prosecutor pointed out.

Sharif is also known as Faruq Khalil Muhammad 'Isa or Tahir Sharif Sayfildin, according to U.S. authorities.

He is an ethnic Kurd born in Iraq, who came to Canada in 1993, living in Toronto briefly before moving to Edmonton.

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