OTTAWA -- Ottawa software developer Momin Khawaja will seek leave to appeal to the Supreme Court of Canada in a last-ditch effort to derail a trial on terrorism charges. Defence lawyer Lawrence Greenspon told a criminal court judge court yesterday of his intention.

The delay means Khawaja's trial will likely not begin until next spring at the earliest, four years after his arrest. Khawaja, 28, is the first to face charges under the sweeping 2001 Anti-Terrorism Act, brought into law following the 9/11 terrorist attacks.

Arrested in March 2004, he is accused of conspiring with a British al-Qaeda cell in a thwarted plot to bomb public targets in London.

Outside the courtroom, Greenspon said the start of Khawaja's trial rests now on the Supreme Court's decision in the matter to seek leave.

"If we're successful on the leave to appeal, then we'll be back before this judge to postpone the trial date, " he said.

Greenspon added that if the Supreme Court decides to hear the appeal, it could take as long as a year for the case to begin. If not, the trial will likely begin in May and could last up to three months.

Khawaja denies the charges against him and has waived his right to a speedy trial in order to give Greenspon the time needed to concentrate on pursuing constitutional and other legal challenges in the federal courts.

In the meantime, Khawaja remains in an Ottawa jail cell.

The Khawaja affair is in uncharted legal territory as lawyers and the courts attempt to clarify fundamental issues of law raised by a hastily enacted piece of terrorism legislation.