Artist sketches of Chiheb Esseghaier and Raed Jaser, are shown.Two men found guilty of terrorism charges after being accused of plotting to derail a passenger train are asking Ontario’s highest court to grant them a new trial, arguing the jury that convicted them was improperly selected. THE CANADIAN PRESS/Tammy Hoy, John Mantha

Error in Via Rail terror case doesn’t warrant new trial, Crown tells Supreme Court

The Supreme Court is scheduled to review the appeal court’s decision in a hearing this afternoon

Federal lawyers are telling the Supreme Court of Canada it would be a miscarriage of justice to grant a new trial to two men accused of plotting to crash a Via Rail train.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 of terror-related charges arising mainly from an alleged al-Qaida-inspired scheme to derail a passenger train travelling between the United States and Canada.

Both men appealed their convictions, with counsel for Jaser and a court-appointed lawyer for Esseghaier arguing the jury at the trial was improperly constituted.

In August last year, the Ontario Court of Appeal ordered a fresh trial for the men on grounds the jury was indeed chosen incorrectly.

The Supreme Court is scheduled to review the appeal court’s decision in a hearing this afternoon.

In a written submission to the court, the Crown argues the convictions should not be overturned on the basis of a highly technical error in the jury selection process that did not cause any prejudice to fair trial rights.

READ MORE: Crown seeks Supreme Court of Canada hearing in railway terror case

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Via terror trial

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

More than 250 riders took part in the fifth annual Tripleshot CrossFondo, which riders across parts of the Saanich Peninsula, including this field near Sluggett Farms. (Wolf Depner/News Staff)
Tripleshot CrossFondo rides across Saanich Peninsula

More than 250 cyclists took part in mystery-course race

A 23-foot sailboat that broke free from its anchor was smashed against Cattle Point during the early October south-easterly storms. (Ron Geezin Photo)
Storm-smashed boat pulled off rocks of Cattle Point in Oak Bay

Sailboat a casualty of last week’s big storms

Saanich police are warning residents to be aware of a non-aggressive bear sighting in the 400-block of Haliburton Terrace. (Black Press Media file photo)
Non-aggressive bear spotted in Saanich neighbourhood

Saanich police advise residents to be aware of sighting in the 400-block of Haliburton Terrace

Fireworks are allowed in Saanich but only on Halloween night and only if the person setting them off has taken the certification course through the Saanich Fire Department. (Black Press Media file photo)
Saanich’s Halloween fireworks, bonfire permitting process moves online

Firefighter outlines COVID-19-friendly process as spooky celebrations approach

A B.C. man decided to create a website to help people find family doctors accepting patients. Because Victoria is considered high-demand, clinic openings can’t be posted publicly. (Unsplash)
Greater Victoria in high-demand on website that connects B.C. residents with doctors

Nanaimo man started project to help people find family physicians accepting patients

Advance polls are open from Oct. 15 to 21 with election day on Oct. 24. (Black Press Media file photo)
A passer-by walks past a COVID-19 testing clinic in Montreal, Friday, Oct. 16, 2020. THE CANADIAN PRESS/Ryan Remiorz
Canada ‘yet to see’ deaths due to recent COVID surge as cases hit 200,000

Much of the increase in case numbers can be attributed to Ontario and Quebec

Police confirm human remains were found in a recycling bin in Vancouver on Oct. 18, 2020. (Black Press Media file photo)
Human remains found in recycling bin floating near Vancouver beach

Police asking nearby residents to see if their recycling bin has gone missing

(File photo)
RCMP: Two men face charges in reported Parksville fatal hit-and-run

Investigation into man’s death began in August of 2019

B.C. Liberal leader Andrew Wilkinson visits a North Vancouver daycare to announce his party’s election promises for child care, Oct. 9, 2020. (B.C. Liberal Party video)
B.C. parties pitch costly child care programs in pandemic

B.C. Liberals say they’ll deliver on NDP’s $10-a-day promise for lower-income families

Steven Michael Bacon pleaded not guilty to a charge of first-degree murder of Nanaimo teen Makayla Chang. (Photos submitted)
Accused pleads not guilty in Nanaimo teen’s 2017 murder

Steven Bacon appeared in Nanaimo court Monday via video link from Thunder Bay

Voting station at Tzeachten Hall in the riding of Chilliwack-Kent on the first day of advance voting in the provincial election on Oct. 15, 2020. (Paul Henderson/ Chilliwack Progress)
B.C. VOTES 2020: 380,000 British Columbians head to polls in first 4 days of advance voting

Some of highest voter turnout so far has been seen on Vancouver Island and in Shuswap

Grant and Barbara Howse, in quarantine in Invermere. Mike Turner photo
Denied entry into U.S., Kootenay couple still forced to quarantine for 2 weeks

The rules around crossing the U.S. border led to a bizarre situation for an Invermere couple

Most Read