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Judge Rejects Canada Teen’s Appeal

January 14, 2000

JERUSALEM (AP) _ A judge today threw out an appeal against the continued detention of teen-ager Daniel Weiz, wanted in Canada in connection with the beating death of a 15-year-old in Toronto.

Jerusalem District Court Judge Eliahu Ben-Zimra refused to consider the claim that the Canadian arrest warrant was not strong enough to justify Weiz’s detention, ruling that it was not brought up in the original hearing.

Weiz, 19, is wanted on suspicion of taking part in the Nov. 14 beating death of Dimitri Baranovski in a Toronto park. Weiz was born in Israel, but moved with his family to Canada in 1993. He returned to Israel to serve in the army.

He was arrested at his army base on Dec. 21 on the basis of a Canadian arrest warrant, the first stage of the extradition process.

Weiz rejected a suggestion by the judge that he return to Canada voluntarily to face the charges. ``I’m not willing to leave the army for anybody or anything,″ he said, visibly angry as he left the courtroom in handcuffs and leg chains.

Weiz’s lawyer, Nitsana Darshan-Leitner, argued that he must be released because the arrest warrant was issued by a justice of the peace, not a judge.

She later admitted ``the arrest warrant was valid, but it lapsed.″ Prosecutor Tal Werner-Kling said all that matters is that the warrant was valid under Canadian law when it was issued.

Weiz is due back in court Wednesday for another hearing to decide whether the detention order against him should be extended. Darshan-Leitner said she would press her appeal against the warrant then.

Ben-Zimra noted that another judge had rejected an appeal based on the claim that there was no evidence to back up the arrest warrant. Confirming that decision, he added, ``Examination of the statement by the Canadian police officer shows that there was a basis for the arrest warrant.″

Canada has two more weeks to present a formal request for extradition. Under Israeli law, Weiz, an Israeli citizen, could be sent to Canada for trial. But if convicted, he would have to be returned here to serve his sentence.

Police have charged three other teen-agers with second-degree murder in the case.

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