Face of Nation : Ontario’s highest court has granted a new trial for two men who were found guilty of terrorism charges after being accused of plotting to derail a Via Rail passenger train in the Greater Toronto Area.
The Court of Appeal for Ontario ordered Tuesday that the 2015 convictions of Raed Jaser and Chiheb Esseghaier be set aside. A new trial was ordered.
The pair had argued in court earlier this year that the judge who oversaw the case made several errors, including rejecting their request as to the method of jury selection.
Jaser and Esseghaier were found guilty in 2015 on a total of eight terror-related charges between them. They were originally sentenced to life in prison with no chance of parole until 2023.
The men were arrested in 2013, following a cross-border investigation that involved Canadian and American law enforcement.
RCMP said at the time the two accused were plotting to derail a passenger train. Police said in 2013 that the two men watched trains and railways in the Greater Toronto Area. Police said in 2013 that Jaser and Esseghaier were getting “direction and guidance” from al-Qaeda elements in Iran.
The crux of the court’s decision Tuesday to order a new trial is the way the original jury was selected. In documents filed in court earlier this year, Jaser’s lawyers said the law regarding jury selection was in flux during the trial, but over time the interpretation used by the trial judge has been found to be wrong.
There had been significant media coverage before the trial, so the Crown and Jaser’s lawyers determined that “challenges for cause” for prospective jurors were needed, according to the decision.
Each prospective juror was questioned about whether pretrial publicity and the fact that each of the men was a visible minority and Muslim would affect their ability to decide the case impartially.
