Men convicted of Via Rail terror plot to get new trial
Men convicted of Via Rail terror plot to get new trial Men convicted of Via Rail terror plot to get new trialAnd Ontario judge has ordered a new trial for 2 and convicted of plotting to derail a VIA Rail passenger train near Toronto. In 2013, lawyers for the man had argued earlier this year that the judge who oversaw the case made several errors. Court of appeal, found at the jury in the case, was improperly selected, which means its verdict on a total of 8 terror-related charges between. They were originally sentenced to life in prison, with no chance of parole until 2023, but that’s all up in the air. Now, theoretically, a new trial has to be scheduled, a new jury selected and, although that may take years to cbc’s, Laura Lynch covered the two men’s original trial she’s in Vancouver to Laura. What do you make of this? Willy collected? There is going to be a new trial. I should tell you that the two defendants had other grounds on which they were challenging. The decision in the case, including, should have asked the guy or mental instability as he argued it, that that had taken place throughout the trial even have to get to those point that they were not even argue daddy, said on this fundamental Point alone. It is grounds for a new trial and indeed there would have to be a new mounting of the case all over again. Certainly, jury selection, but there’s all sorts of other issues that could come up out of this isn’t when they do move toward a new trial. Is serving his time out here at Ken’s institution in the Fraser Valley and he began being treated in jail for schizophrenia, and he now it says that he is mentally well that he is stable and that’s why he himself goodnight says how unwell he was just give You an example of of his his manifestations of of what he now says, what were signs of his illness during jury selection. One day I, when all of the prospective jurors were in the courtroom, I’m praying very loudly in the witness box and the judge had to have him removed from the courtroom. As time went on, his actions became even more and more bizarre unusual. He never wanted to participate in the trial in it, but in any means, but give you one aspect of of how a new trial might be very different with him being, as he says mentally. Well, there might be a question about the trials would be split, so the two men wouldn’t be tried together for the question of getting the FBI agent, who testified you was anyone under a pseudonym he’ll have to come back and testify all over again. There are lot of issues, but initially we have to see whether the crown is tries to appeal. This ruling first feel like something was amiss. I’M not sure I’ve already explained to you some of the odd behavior of the guy, that became more bizarre at as time went on. There were certainly challenges from the lawyers for jasser thing that they wanted. They felt that things weren’t going the way they should have been going there with this such unusual mysterious. Testimony of the of the FBI agent, who we weren’t even allowed to sit him in the courtroom with the jury deliberated for days and came back several times to judge Michael Cole, trying to get some questions answered. So they were clearly struggling with with their verdicts and then they finally came up with a verdict. It’S going to be fascinating to see. If and when the new trial I had and how it’s going to be conducted this time around. Don’T forget that the RCMP put millions of dollars into this investigation surveilling both of these men and having the FBI agents involved for months on the case. So this is clearly in case for the crown. What happens? It’S a good decide to go back and start up a new trial. Then it it’s a matter of trying to resurrect all of the parts that were involved in that last trial. It was a complex trial. There were witnesses that had to fly in from other place. There was extensive surveillance that was shown to the jury and the judge. All of that has to be mounted once again. I imagine that the two convicted men will stay in prison until and unless any new trial cbc’s Laura Lynch live in Vancouver. Now, as we mentioned, the file was a result of jury selection in the first trial. To talk about that, I want to bring in lawyer Dirk Dirk Steen. He knows about this legal Challenge and has used defending his own reaction to the Court’s decision. Benjamin’S application to exclude unsworn drawers with rotating tires should have been granted an imposing it on both of the people, Mr jasser and Mr esseghaier, who did not want six dryer. That was essentially the air. So can you explain best to have perspective and also like two jurors excluded during the questioning process for a long time now for your in the course of the challenge, so there will be a new trial or if there could be a new trial and if the Facts of the case have not changed. What’S the likelihood of a different outcome or ruling well remount, another trial, I would assume the ground read, amount another trial. The better question is said by what do you see problems with with a new trial due to problems? Phylum potential problems with the new trial, the court of appeal, not having rules about what exactly exactly do. The two men now who are in detention in this. Of time, where we trying to figure out whether they’ll be an appeal whether there will be a new trial. A criminal lawyer in Muskoka Ontario Two men found guilty of plotting to derail a Via Rail passenger train in the Greater Toronto Area have been awarded a new trial by the Ontario Court of Appeal. The court ruled the 2015 convictions of Raed Jaser and Chiheb Esseghaier should be set aside because of a judge’s legal errors.
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