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

Registration opens today for arts-and-tech middle school cohort in Chilliwack

Students enrolled in Grades 6 to 8 at A.D. Rundle can transition to new arts-tech high school

Peking Acrobats bring extraordinary exhibition of agility, athleticism and grace to Chilliwack

They will perform in beautiful costumes with dazzling special effects and live musicians

Rain returns to Chilliwack to create a melted mess

Residents are asked to clear the catch basins out in front of their properties if they are able to

Chilliwack Curling Club brunch to bring in money for hospital equipment for sick babies

Club raising money for nationwide Sandra Schmirler Foundation which buys equipment for NICUs

Convicted Chilliwack con man facing 39 charges in Vancouver area

Donald Quinnell got four years prison in 2015, again facing fraud, theft, stolen credit card charges

Poll suggests some don’t think Canada should send troops to stop genocide

The findings are being released just before the 75th anniversary of the liberation of Auschwitz

B.C. woman crowned the fastest female marathon runner in Canadian history

Malindi Elmore ran an incredible 2:24:50 at the Houston Marathon

VIDEO: Car reportedly dropped off and burned in Langley residential neighbourhood

Integrated Homicide Investigation Team (IHIT) was on scene Monday morning at 73B Avenue

Alberta bulldog breeder ordered to give refund to B.C. buyer due to puppy’s behaviour

Tribunal ruled a verbal agreement to send a new dog superseded the written contract

Man dies in backcountry near Nelson’s Whitewater Ski Resort

The victim was found unresponsive in a tree well Friday

Cariboo Memorial Hospital back to normal after cold weather wreaks havoc

Burst pipes and water leaks cause three different incidents

Dog reunited with Tofino owner, months after being taken from beach

Shannon Boothman ‘ecstatic’ at pet’s return after a tip leads to social media search

Site of planned Jumbo Valley ski resort to be protected, managed by First Nations

Development rights permanently retired for site of proposed year-round ski resort west of Invermere

Most Read