Terror Suspect Loses In Court

A Malaysian judge refused Wednesday to delay the deportation of a suspected American Islamic militant to the United States to face charges of conspiring to fight with al Qaeda in Afghanistan.

The High Court ruling could pave the way to send the suspect, Ahmed Ibrahim Bilal, to the United States quickly on immigration violations and would avoid a lengthy, full-blown extradition process.

Bilal's lawyer, Darshan Singh, voiced fears that his client could "even be deported tonight" and said he would immediately appeal to Malaysia's highest court.

"Every step of my appeal is being blocked by the judge," Darshan said. "They refuse to give me access to my client. I sense there is a hidden hand somewhere. It is morally irresponsible how the prosecutors, the Americans are acting."

Prosecutor Mohamad Yusof Zainal Abidin declined to speculate when Bilal would be deported, but said that Malaysia's director-general of immigration had not yet signed a deportation order.

High Court Judge Augustine Paul refused to extend a temporary stay that he had granted Tuesday that allowed Bilal's attorney to make a case showing that the American should not be extradited.

After Darshan presented his case Wednesday, Paul sided with the government and ruled that the United States had revoked Bilal's passport, making him an illegal alien in Malaysia and subject to deportation at the discretion of immigration authorities. Paul refused to consider bail.

"Any order for release means I am directing the director-general of immigration to release a person who is an illegal immigrant," Paul said. "That is wrong in law."

The judge adjourned the hearing, which was considering the legality of Bilal's arrest, until Thursday on the request of prosecutors, who said they wanted time to prepare affidavits.

But the judge's refusal to grant a stay means that Bilal could be sent to the United States before the proceedings formally conclude.

Bilal had had been living in Malaysia since January. Last week, the U.S. government charged him and five others with belonging to a terrorist cell in Portland, Oregon, and trying to join al Qaeda to fight U.S. troops. Four of the others were arrested and the sixth is being sought.

Bilal was not present Wednesday. Police have said that he is being held at an undisclosed location for questioning. Security at the court was normal.

A dozen students at the International Islamic University, where Bilal had been studying, turned up and characterized the accusations as "lies."

"He is a good guy," said a student from South Africa who identified himself only as Cassim. "We are not at a terrorist campus. Why single him out?"

Darshan had vowed to seek political asylum and permanent residency in Malaysia for his client, saying the publicity generated by the case in the United States would prevent him getting a fair trial.

Malaysia, a predominantly Muslim, moderate country, has been at the forefront of fighting terrorism in Southeast Asia and wants to dispose of Bilal quickly as a case of routine illegal immigration.

"It is not the intention to prosecute or detain him here," national police chief Norian Mai told reporters Wednesday. "He may be dangerous to the U.S. government. That does not automatically make him dangerous to our country."

Authorities say Bilal went into hiding after the arrests in the United States were announced but turned himself in Sunday to university security officials. His arrest was announced Tuesday.

Bilal was allegedly one of five members of the ring who tried to travel to Afghanistan, though none made it that far. Bilal's brother has been arrested in Michigan and three others in Oregon. Another suspect, Abdullah al Saoub, is being sought overseas.

The charges against them include conspiracy to levy war against the United States and conspiracy to provide material support and resources to al Qaeda.

Malaysia has arrested more than 60 suspected militants in the past year accused of belonging to an al Qaeda-linked organization plotting to bomb the U.S. Embassy and other Western targets in Singapore. One of the detainees allegedly hosted a meeting at his apartment in January 2000 attended by two of the Sept. 11 hijackers and al Qaeda operatives.

By Jasbant Singh