Ancaster’s Karim Baratov is a flight risk because of “highly skilled hacking” abilities that could allow him to “continue his wealth-generating activities anywhere in the world,” says the judge who denied him bail. Justice Alan Whitten issued his decision Tuesday after a two-day bail hearing for the 22-year-old accused in connection with a massive Yahoo email hack.
“How would our own citizens think of the administration of justice if Baratov was released?” Whitten wrote in his reasons for judgment. “Would they be surprised that Baratov, like Houdini escaped from his straitjacket, took to flight?
“Not very likely.”
The Canadian man of Kazakh origin was arrested at his Ancaster home last month by Toronto police under the Extradition Act under the request of U.S. authorities and handed over to the RCMP.
He and three others — including two men alleged to be officers of the Russian Federal Security Service — were indicted for computer hacking, economic espionage and other crimes.
Whitten’s decision echoed the case made by Crown Heather Graham, who argued there was an “overwhelming case for detention” based on evidence provided at the bail hearing.
She noted Baratov’s house on Chambers Drive was sold after his arrest last month and that “large amounts” of cash could be available to him online.
“The flight risk in this case is severe,” Graham said.
But Baratov’s lawyers did not agree.
“There’s no evidence he had access to false passports, false documents,” said Deepak Paradkar following the decision. “He’s not a citizen of Kazakhstan. He’s never been to Soviet Union or Russia. He’s a Canadian citizen.”
During the first day of the hearing, Baratov’s parents — Akhmet Tokbergenov and Dinara Tokbergenova — said they would do whatever was ordered of them if their son was released on bail, including disconnecting the Internet at home and securing all electronics in a lockbox.
They also said they were prepared to act as sureties for him and pledge the equity of their Ancaster home — $845,000 — to secure his release.
In his decision, Whitten referenced a comment made by Baratov’s father, who said he would “create such conditions at home that maybe even jail (would) look like paradise to him.”
“Sounds pretty serious,” Whitten wrote. “But the court has to keep in mind that this was one of the parents who would have witnessed the pronounced growth of affluence by their teenage son while he was in the family home.”
Baratov, wearing glasses and a light-grey jacket, stared straight ahead as Whitten read out his decision.
His parents did not speak to the media as they left the Hamilton courthouse.
But Paradkar said they’re “very, very disappointed” with the decision.
Moving forward, Amedeo DiCarlo, Baratov’s other lawyer, said they remain hopeful.
“It’s been a long several weeks to get to this point,” DiCarlo said. “I think all of us need to collect our thoughts, regroup and work on a new game plan.”
A decision has not been made on whether to appeal or move onto the next stage of the process, he said.
Baratov is scheduled to appear in court next on May 26 to proceed with next steps in the case.
The Attorney General will be ready to set an extradition hearing in this case by June 12 at the latest, Graham said.
By Natalie Paddon
Source: thespec.com
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