
By TU THANH HA
Thursday, January 23, 2003
Page A3
MONTREAL -- All Norouz Barghi wanted to do was to take English classes in Canada. Instead, a few incautious words led to his arrest. Then, clerical errors kept the 35-year-old Iranian in jail for a month. Then he had to spend a weekend in a shelter for the homeless because of further bureaucratic problems.
On top of that, Quebec Court Judge Gilles Cadieux ruled yesterday that Mr. Barghi, a law professor in Iran, was guilty of mischief because he caused a bomb scare that delayed his Air Canada flight.
Mr. Barghi had argued that his poor English in the October incident led the flight attendant to believe wrongly that he made a threat.
"This came to the court because of the sensitivities stemming from Sept. 11," Crown prosecutor Pierre Garon told reporters afterward.
The trial heard that the flight attendant was trying to jam Mr. Barghi's briefcase under a seat, leading him to say: "No, no. Be careful or it might explode."
Even the Crown's main witness, a Canadian navy officer, told the court he thought Mr. Barghi had simply made a bad choice of words as he tried to warn that the bag might pop open.
Judge Cadieux made no mention in his ruling that the attendant was trying to cram the briefcase under the seat.
Judge Cadieux said that "the word 'explode' does not lend to ambiguities. It is a common word that one wouldn't have trouble understanding."
He added: "Even if the accused didn't specifically want those consequences, there was carelessness as to the consequences of the words he uttered."
Mr. Barghi, who sat in the courtroom with the infamous briefcase at his feet, gave a weary smile. He left without speaking to the media.
Judge Cadieux noted that the police investigators reported that Mr. Barghi spoke English well enough to understand them, even though the meaning of the word "mischief" had to be explained.
Mr. Barghi's introduction to Canadian law began Oct. 20 when he landed in Montreal, on his way to an English language course at St. Mary's University in Halifax.
His lawyer, Daniel Drouin, said his client had left from Baku, Azerbaijan, and was confused because he had been up for more than 24 hours.
The court heard that, as the flight attendant began reciting the emergency procedures, Mr. Barghi said: "Don't worry about it. We are all in God's hands."
Then the attendant asked Mr. Barghi to stow the briefcase that he had been keeping on his lap. An argument followed.
Mr. Barghi's seatmate, Lieutenant Jeff Hamilton, testified that he heard him say: "No, no. Be careful or it might explode."
After the argument, Mr. Barghi dozed off as he waited for the plane to leave. However, the crew taxied the plane back to the terminal to have Mr. Barghi arrested. The 97-minute delay cost Air Canada $6,500.
Mr. Barghi was granted bail the next day. His legal-aid lawyer withdrew from the case because Mr. Barghi had enough cash in his luggage to hire a lawyer and post the $3,000 bail.
However, Mr. Barghi had no idea where his luggage was. He was sent back behind bars without knowing how to reach another lawyer.
Another inmate alerted the CBC. After 26 days, Mr. Barghi finally got out, only to meet another indignity.
He was released on a Friday evening after the detention centre's cashier had left. So, without money, papers or a coat, he begged to be let back in.
Corrections employees found him a homeless shelter, where he spent his first weekend of freedom in Canada.
Sentencing arguments will be heard Feb. 5.
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