Chiheb Esseghaier is led off a plane by an RCMP officer at Buttonville Airport just north of Toronto on April 23, 2013. A man found guilty of plotting to derail a passenger train between Canada and the U.S. plans to appeal his conviction at Ontario’s highest court. Esseghaier, a deeply religious Muslim, argues he ought to have been judged by the rules of the Qur’an.THE CANADIAN PRESS/Chris Young

New trial ordered for men convicted of terror charges in plot to derail Ontario train

Jaser and Esseghaier were found guilty in 2015 on a total of eight terror-related charges between them

Ontario’s highest court has ordered a new trial for two men found guilty of terrorism charges in connection with a plot to derail a passenger train.

The Court of Appeal for Ontario says the jury that convicted Raed Jaser and Chiheb Esseghaier was improperly selected, which means its verdict cannot stand.

Jaser and Esseghaier were found guilty in 2015 on a total of eight terror-related charges between them. They were sentenced to life in prison with no chance of parole until 2023.

Lawyers for Jaser argued the trial judge mistakenly rejected their client’s request regarding the method of jury selection.

The lawyer appointed to assist Esseghaier — who continues to be self-represented — agreed in written arguments that a new trial must be ordered on that ground.

The law regarding jury selection was in flux during the trial but the appeal court says the approach used by the judge has since been deemed wrong. Several other cases have been overturned due to similar errors in recent years.

Jaser had also raised other grounds for appeal but the jury issue was heard first.

Both men also previously indicated they wished to challenge their sentences, but the call for a new trial makes that unnecessary.

The Canadian Press


Like us on Facebook and follow us on Twitter.

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

Just Posted

Council approve temporary storage to extend life of Oak Bay Fire Hall

It’s cute, it’s iconic, but the picturesque Oak Bay Fire Hall is… Continue reading

Saanich dog walkers react to potential review of bylaws allowing off-leash dogs on beaches

Focus should have remained on migratory birds, not on dog behaviour, says Cadboro Bay dog walker

No dogs allowed off-leash at Luxton Fairgrounds in Langford

New sign placed by Metchosin Farmers Institute on Wednesday, Feb. 19

Scarlet fever reported at Victoria elementary school

Parents advised to look for symptoms of ‘strawberry tongue’ and rash

Motion for Greater Victoria fare-free youth transit defeated

Victoria Regional Transit Commision votes tied 4-4

VIDEO: Feds warned agricultural sector near ‘tipping point’ due to blockades

Canadian Federation of Agriculture points to lack of propane and feed due to Coastal GasLink dispute

B.C. terminates contract with hospice society refusing assisted death

Delta Hospice Society loses hospital service fund of $1.5 million

Child in hospital following fatal crash that killed father, sibling on B.C. highway

The single vehicle crash occured near Kamloops on Highway 5A

‘Die!’: Vernon councillor mailed death threat

Three months later, city official Coun. Dalvir Nahal said she’s more angry than anything

Hidden message connects Castlegar homeowners decades apart

The Rodgers family was surprised when a message fell out of the walls as they were renovating

Two B.C. men plead guilty to bus-terminal assault of man with autism in Ontario

Parmvir Chahil and Jaspaul Uppal due to be sentenced in June for aggravated assault

B.C. Liberals call for assistance on soaring strata insurance rates

NDP’s Carole James says problem is across the country

‘Intemperate, insulting’: B.C. teacher reprimanded for online comments about religion

John William Yetman made the comments in response to a Facebook invitation to Open Mosque Day B.C.

Most Read