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Crown seeks Supreme Court of Canada hearing in railway terror case

Nov 18, 2019 | 2:26 PM

OTTAWA — The Crown is asking the Supreme Court of Canada to review an appeal court’s decision to order a new trial for two men convicted of plotting to crash a Via Rail train.

In a written submission to the high court, federal lawyers say the Ontario Court of Appeal overturned the convictions on the basis of a “highly technical error” in the jury selection process that did not interfere with the fair-trial rights of either man.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 on terror-related charges arising from an al-Qaida-inspired plot to derail a passenger train.

Both were sentenced to life in prison.

In August, the appeal court ordered a fresh trial for the men on grounds the jury that convicted them was improperly chosen.

Following the decision, the Public Prosecution Service of Canada said it would proceed with a new trial, but noted it had 60 days to decide whether to seek permission to appeal from the Supreme Court.

This report by The Canadian Press was first published Nov. 18, 2019.

The Canadian Press