OTTAWA, 1 (AP) - A Cuban diplomat hiding in the Cuban Embassy in Canada is determined to go back to the United States to fight accusations of spying that led to his expulsion, his lawyer said Wednesday.

Jose Imperatori, 46, remained in the embassy in Ottawa a fourth straight day, refusing to eat solid food to protest his expulsion, according to embassy officials.

Imperatori was declared persona non grata by Washington for allegedly helping a U.S. Immigration and Naturalization Service worker accused of spying for Cuba. U.S. officials flew Imperatori to Canada on Saturday, but he then took refuge in the Cuban Embassy instead of proceeding to Havana.

Canadian officials say he is an illegal alien because the 48-hour transit visa issued on his arrival has expired. But Foreign Affairs Minister Lloyd Axworthy said Canada cannot arrest or deport Imperatori as long as he stays in the Cuban Embassy, which is considered Cuban soil.

Ted Killory, a Washington lawyer representing Imperatori, said his client wants to go back to the United States immediately instead of proceeding to Havana. Killory said Imperatori has offered to testify at the trial of Mariano Faget, the INS worker he is accused of helping in spying for Cuba.

A U.S. State Department official said this week that Imperatori could be invited back to testify at the Faget trial, but U.S. officials insisted Imperatori must first go to Cuba.

``This man's return to Cuba was a plan that was agreed to by all three governments, and then all of a sudden it goes awry,'' said Bernard Shinkman, spokesman at the U.S. Embassy in Ottawa.

Imperatori resigned as vice-consul of Cuba's Interests Section in Washington after being accused last week of providing information to Faget.

In Florida, Faget acknowledged meeting with Imperatori, but said the two spoke only about business opportunities.

``We only met for half an hour, and it had nothing to do with my job, nor did we discuss anything that related to the Immigration and Naturalization Service,'' Faget told WPLG-TV in an interview aired Tuesday night.

AP-NY-03-01-00 2053EST

Copyright 2000 The Associated Press.

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