The Ancaster, Ontario man accused in the massive Yahoo email hack will stay behind bars.
Ontario Court of Appeal Justice J.A Miller has denied Karim Baratov's request to have his denial of bail reversed.
The 22-year-old was arrested in March under the U.S. Extradition Act
He was arrested in March under the Extradition Act. Two others, alleged Russian spies, were also arrested.
Justice Miller rejected arguments made by Baratov's legal team that the circumstances surrounding the allegations had changed, become less severe.
Defense lawyer Amedeo DiCarlo also believes Justice Miller considers his client to be a flight risk, something the previous judge ruled. "They just set it aside, indicating the original decision stands, so that would tell me he would support that, yes."
Baratov could appeal this latest decision but DiCarlo thinks it's time to move forward. "I think that focus should be on challenging the more detrimental issues, which are the allegations against Karim."
A date for Baratov's extradition hearing will be set June 16th.
Justice Miller's ruling can be read below:
There were no reviewable errors, and no material change. At the end of the day, Mr. Baratov remains a significant flight risk, and is alleged to have committed a serious offence.
[23] Counsel for Mr. Baratov argues that what is alleged against his client is a comparatively minor and victimless crime.
[24] It is anything but. Whether the applicant was paid nothing or was paid millions; whether the skill and energy expended were advanced or basic; whether he thought he was dealing with the FSB or with a high school principal, the alleged conduct remains a destabilizing attack on the integrity of systems that are vital to all of our wellbeing. Even unsuccessful attacks imperil public confidence and require the commitment of substantial resources for defence. The public cost, monetary and psychological, is broad and deep. The application judge well understood what is at stake:
Individuals are financially ruined by the pirating of their identifying details (which includes passwords) and the plundering of their accounts.
Commercial mayhem flows from the pirating of trade secrets, technical information and confidential communication.
National security is compromised by the acquisition of sensitive information. The hacker is a menace to a system that struggles to preserve its integrity. There are no known social benefits to the activity. We cannot afford to be romantic about this crime.