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

Abbotsford bank ATM robbery thwarted by woman standing her ground

Police arrest alleged known robber running down South Fraser wearing balaclava

Teen accused in Abbotsford attack on 85-year-old convicted of firearms offence

Brandon Janveaux found in vehicle in Chilliwack with .22-calibre rifle down his pants

Dad of missing Abbotsford woman charged after allegedly exposing himself in park

Barry Shpeley charged with sexual assault and assault at Hougen Park

Westbound Highway 1 crash slowing traffic in Langley

Vehicle in ditch east of 264 St. has right lane blocked by emergency crews

Not over yet: Mixture of snow, freezing rain on way as winter storm tapers in Lower Mainland

Environment Canada releases weather alert for Metro Vancouver, Fraser Valley

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

Should winter tires be mandatory in the Lower Mainland?

ICBC dial-a-claims go up as winter storm takes toll

Crown won’t appeal sentence in child sex assault case of former Burns Lake mayor

B.C. Prosecution Service said sentence doesn’t meet standard for appeal

Kelowna’s ‘Baby Mary’ finds biological parents after more than 30 years

Geneologist and DNA test helped her connect with her biological parents

Fire truck, police car hit in chain of crashes on Hwy. 99

‘People weren’t paying attention,’ says Surrey assistant fire chief

B.C. offers $5 million equipment loan program to help ailing forest contractors

Local politicians in Port McNeill and Campbell River says local economies are struggling

Vancouver Island distillery wins award for best Canadian rye whisky

Shelter Point cleans up at Canadian Whisky Awards

Kelowna hotel to award couples for baby-making with Nooner deal

The deal includes a free stay every Valentine’s Day for the next 18 years

Most Read