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Profile: Guy Gilbert
Guy Gilbert was a participant or observer in the following events:
Three purchasers working for the A. Q. Khan nuclear proliferation ring are put on trial in Canada. The three men, A. A. Khan, Salam Elmenyami, and Mohammad Ahmad, had been monitored by Canadian authorities (see July-August 29, 1980) and arrested in August 1980 (see August 29, 1980). They are charged with a variety of offences, including failing to get export licenses, exporting goods imported from the US without adding value, and violating a law that regulates nuclear sales to other countries.
A. A. Khan's Defense - Restrictions on hearsay evidence mean that prosecutors cannot fully reveal A. Q. Khan’s role in the purchasing ring, so A. A. Khan is able to explain away cryptic correspondence with A. Q. Khan seized upon his arrest. For example, A. Q. Khan referred to enriching uranium as “put[ting] air in the machine,” but A. A. Khan claims this is a reference to producing cooking gas. He also claims that components they purchased to make inverters—equipment necessary to enrich uranium—are actually for textile and food processing plants.
Testimony about Invertors Curtailed - In addition, a witness who works for the British arm of the company Emerson Electric refuses to provide details of the sale of inverters to Pakistan through third parties, meaning that only portions of his testimony are admitted to the jury. Chief prosecutor Guy Gilbert will say that if the jury had got this testimony, it would have provided a “clear demonstration” the exported parts would be used for building inverters.
Sentences - At the end of the two-month trial, Almenyani and Ahmad are convicted on one count of exporting goods without a proper licence and fined $3,000 (Canadian). The maximum penalty for this offense is a fine of $25,000 (Canadian) and five years in prison. A. A. Khan is acquitted entirely. In a reference to many other failed prosecutions of A. Q. Khan’s associates in the west, authors David Armstrong and Joe Trento will write that this result will “become familiar in the years ahead.” Gilbert will later allege that the judge deliberately favored the defense (see April 10, 2006). [Armstrong and Trento, 2007, pp. 105]
Former Canadian prosecutor Guy Gilbert alleges that a judge in a trial of three associates of Pakistani nuclear proliferator A. Q. Khan was “partial” to the defense. The allegation is made in an interview for a book by authors David Armstrong and Joe Trento; the trial ended with light sentences for two of the accused and the acquittal of the third (see Late 1980 or After). Gilbert will say: “I remember the address by the judge to the jury. He almost gave them [the case] on a silver fork.” Gilbert will also recall meeting the judge, Gerald Ryan, some time after the trial. “I said, ‘Gerry, don’t tell me that you think those guys did not export the parts to make the inverters.’ He said, ‘Of course, of course they did it.’ ‘Well,’ I said, ‘that’s not the way it came out when you addressed the jury.’” Gilbert will also say that he speaks to the defense lawyers in the case occasionally: “I tease them once in a while. I say, ‘You think these guys knew what they were doing?… I think you contributed to them [Pakistan] having the bomb today.’” [Armstrong and Trento, 2007, pp. 105-106]
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