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

Penticton Vees lead series 2-0 after 4-1 win over the West Kelowna Warriors

The Vees put up four goals in the final period to win

Fifth annual TRUE Penticton tourism expo to showcase local activities and attractions

Over 50 businesses and event organizers will be at the Lakeside Resort on April 4.

DPA members asked to consider future of downtown

What members want the future to look like, and current developing projects will be topics at the AGM

Top employers give tips to succeed at Black Press Career Fair in Kelowna

The Black Press Extreme Education and Career Fair takes place Mar. 12. at the Rutland Soccer Dome

South Okanagan mayors put their BCHL jerseys on the line

Mayors of Penticton and West Kelowna make a “friendly” wager on the BCHL series outcome.

Toddler killed in Squamish grocery store parking lot

Child’s mother taken to hospital but her condition is not known

Developer of RV resort west of Revelstoke ordered to stop selling lots

The Superintendent of Real Estate has serious concerns that buyers may not receive their purchase

Police dog located accused murderer in dumpster near West Kelowna crime scene

Tejwant Danjou’s application to have his impromptu guilty plea removed was accepted by the court

Police dog located accused murderer in dumpster near West Kelowna crime scene

Tejwant Danjou’s application to have his impromptu guilty plea removed was accepted by the court

North Okanagan prays for women of Zimbabwe

World Day of Prayer celebrated in 2,000 Canadian communities, one of 170 countries

Two law enforcement trucks ‘deliberately’ set on fire in northern B.C., RCMP say

Police say they have video evidence of a person in the area of the truck fires

Trans Canada east of Revelstoke to be closed overnight

The highway will reopen at 10 a.m. Feb. 29

Leap Year means we get an extra day in February, so how are you spending it?

People online have a number of suggestions and plans on how they will be spending Saturday

Most Read