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The Honolulu Advertiser
Posted on: Friday, November 11, 2005

Suspect in stealth case denied bail

By Curtis Lum
Advertiser Staff Writer

A Maui resident accused of selling military secrets to foreign governments will remain in custody after a federal judge yesterday refused to grant him bail.

Noshir Gowadia had asked U.S. District Judge Helen Gillmor to reconsider an Oct. 28 order by a U.S. magistrate that he be held without bail. Gillmor ruled that Gowadia remains a flight risk because of his international ties and she denied the motion.

Gowadia's trial is set for Jan. 10.

Gowadia, 61, has been in federal custody without bail since he was arrested Oct. 26 and charged with selling national defense information on the B-2 stealth bomber to foreign countries. On Wednesday, Gowadia, a former engineer for a defense contractor, pleaded not guilty to six counts of "transmitting national defense information and exporting classified technical data related to defense articles to foreign persons" and violating the U.S. Arms Export Control Act.

Yesterday, Gillmor said the nature of the offenses and Gowadia's extensive ties to foreign countries concerned her. She said the case was "unusual" because much of the information Gowadia is alleged to have sold is in his head and not down on paper.

"He's portable and the information is portable," Gillmor said.

Chris Todd, Gowadia's attorney, declined to comment after the hearing. Gowadia's son, Ashton, and wife, Cheryl, also did not want to comment.

Todd argued that his client also needs to be released from the Federal Detention Center near the airport because he suffers from glucose-6-phosphate dehydrogenase deficiency, a genetic blood disease that requires him to get 11 to 12 hours of uninterrupted sleep.

Todd said Gowadia has been unable to get that sleep in the detention center. If he is not rested, Gowadia will have a difficult time assisting in his defense, Todd said.

But Assistant U.S. Attorney Ken Sorenson characterized the offer as "window-dressing conditions" that do not address the flight-risk concerns.

Sorenson said there's nothing to prevent Gowadia from continuing to transfer information to people in foreign countries. There's also no way of stopping someone from dropping off a phone or computer at the Gowadia home, Sorenson said.

He added that although Gowadia's passport has been confiscated, there are ways he could leave the island.

Gillmor agreed with Sorenson and cited Gowadia's alleged secret trips abroad. She also said it would be very difficult to deal with "sources that want to assist him."

She added that Gowadia's medical condition was diagnosed in the 1980s, but there is no evidence that he is still being treated for the ailment.

Reach Curtis Lum at culum@honoluluadvertiser.com.