"But underlying it is a critically important idea, and that is that everyone charged with a serious offence has a right to a trial by a properly constituted jury - and if the jury is improperly constituted, then everything they do afterwards is problematic," he said. The appeal in the case centres on the way the first trial's jury was selected. In an interview on CBC News Network Tuesday, criminal defence lawyer and former prosecutor David Butt said the grounds on which the new trial was ordered are "exceedingly technical." 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. ![]() Police said in 2013 that Jaser and Esseghaier were getting "direction and guidance" from al-Qaeda elements in Iran. Police said in 2013 that the two men watched trains and railways in the Greater Toronto Area. RCMP said at the time the two accused were plotting to derail a passenger train. The men were arrested in 2013, following a cross-border investigation that involved Canadian and American law enforcement. They were originally sentenced to life in prison with no chance of parole until 2023. Jaser and Esseghaier were found guilty in 2015 on a total of eight terror-related charges between them. Jaser has been in jail since 2013, and still hasn't had a trial in front of a jury that was chosen legally, so we think this is the right result." "But the bottom line is the fair jury selection process is a hallmark of Canadian justice. "The decision might be a bit hard for some people to get through, because there's a lot of technical language," she said. Savard told CBC News that her client is "grateful to the Court of Appeal for the chance at a trial in front of a jury chosen legally." You cannot fix a mistake that led to an improperly constituted jury. ![]() His lawyers 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. The Court of Appeal for Ontario ordered Tuesday that the 2015 convictions of Raed Jaser and Chiheb Esseghaier be set aside.Ī new trial was ordered. The Public Prosecution Service of Canada confirmed in a statement that it will proceed with a new trial.īoth men are still in custody, and will remain there unless they are released on a successful bail application, said Megan Savard, one of Jaser's lawyers. 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.
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