A bail hearing is set for Monday in Brampton for two brothers charged over the weekend with allegedly trying to intimidate a federal drug prosecutor who went to Peel police with concerns about his safety.

But lawyers for Hamza And Omar Badran insist the charge — formally called intimidation of justice system participant — is unfounded and question the timing of the Crown complaint.

On Friday, prosecutor David Quayat told police that while appearing in court last Monday with the two men on a drug matter, and then outside of the courtroom, they “stared at me for prolonged periods of time. I found this behaviour annoying, but not an uncommon experience as a Crown,” he wrote in a statement.

Later, when he was preparing to leave the courthouse, Quayat said he saw the brothers walking together “almost immediately behind my vehicle” before they “split up.”

“When Omar Badran was approximately 5-6 feet clear of my vehicle, he reached into his pocket and began texting on his phone. I became immediately concerned Hamza and Omar Badran we’re attempting to obtain my license (sic) plate,” he wrote. “I was immediately concerned for my personal safety.”

He notified his superiors.

This was the first time in his two and a half years as a Crown where he has had concerns for his security, Quayat stated.

“I felt significant unease.”

On Friday, the prosecutor said he saw Omar Badran with an older, male companion inside the courthouse — although Badran was not scheduled to be in criminal court that day. Again, Quayat stated Omar Badran’s “staring” left him feeling “extreme unease” and concerned for his safety.

Quayat said as he proceeded to the escalator “Omar Badran and the gentleman he was with walked towards the escalator. I recall one of them gesturing at me. As Omar Badran walked towards me, he stared at me. He and his companion walked towards (sic) and got on the escalator. They were 15-20 feet behind me and Omar Badran continued to stare at me.”

Quayat said he walked at a brisk pace to put distance between himself and Badran — who appeared to walk toward him as he headed into a courtroom.

The encounter made him nervous and elevated his heart rate, Quayat stated.

His superiors encouraged him to contact court security staff and Peel police. Quayat said he spoke to an officer “whom I know well.” She obtained camera footage showing Omar Badran and the other unknown man inside the courthouse.

Contacted by the Star on Sunday, Quayat said he will let his “statement speak for itself” but would otherwise decline to comment.

At 11 p.m. Friday, police instructed Omar Badran to turn himself in, his lawyer, Jordana Goldlist, said. His 30-year-old brother, Hamza, was expected to surrender Sunday evening.

He is represented by Leora Shemesh. On Sunday, the defence lawyer said her client was at the courthouse last week because the judge required him to be there.

After a brief appearance in court, he left and walked to his car with no ill intentions.

“It is frightening to think that people can be arrested because a Crown attorney is uncomfortable with the way an accused may look at them,” Shemesh wrote in a text message Sunday.

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“He obviously will be pleading not guilty and denies any and all allegations that he intimidated anyone.”

Goldlist also says her 38-year-old client will also plead not guilty.

“He is not an individual with a history of being in the criminal justice system who has his back up with every Crown attorney.”

Both Goldlist and Shemesh — who maintain their clients are also innocent of the drug charges — questioned why Quayat didn’t raise concerns about his safety last week in court.

“Curiously, the Crown’s statement (to police) doesn’t mention that we were all in court on September 10 and 12 in front of Justice (Bruce) Durno and he doesn’t say a word about being threatened,” Goldlist said in an interview.

She suggested he complained to police because he lost a legal argument in court — a suggestion Quayat told the Star is “nonsense.”

Last Thursday, Durno agreed to Goldlist’s request to remove the GPS ankle bracelet that Omar Badran has worn for the past two years. Quayat vigorously opposed the move, arguing the bracelet should stay strapped to his ankle while Badran awaits trial in a cocaine importing case, Goldlist said.

The ankle monitor was removed Thursday evening.

The next day, Quayat gave his statement to Peel police that he felt intimidated by the brothers earlier in the week both inside and outside the A. Grenville and William Davis Court House, at 7755 Hurontario St. in Brampton.

The brothers have no criminal records and had never been arrested before drug charges were first laid six years ago, their lawyers say.

Quayat works for the Public Prosecution Service of Ontario. The PPSC did not respond to an emailed request for comment.

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