Shafia son to appeal murder conviction
Hearsay evidence, expert testimony at issue
CBC News
Posted: Jan 31, 2012 12:18 PM ET
Last Updated: Jan 31, 2012 9:37 PM ET
The lawyer representing Hamed Shafia has already filed application of appeal, based on what he described as prejudicial evidence presented at trial. (Lorian Belanger/Radio-Canada)
Related
Related Links
Hamed Shafia's lawyer has applied to appeal his client's first-degree murder conviction and says the other two lawyers involved with the case will likely do the same for Tooba Yahya and Mohammad Shafia.
“He is quite determined to pursue it and continue the fight, so to speak,” lawyer Patrick McCann said Tuesday, after filing an application with the Ontario Court of Appeal.
Lawyer Patrick McCann says his client is determined to appeal his first-degree murder conviction. (Lorian Belanger/Radio-Canada)Echoing reports made in his closing arguments in the trial, the Ottawa-based lawyer said statements from the victims made to their boyfriends and teachers, who testified in court, represented hearsay evidence and should not have been heard by the jury.
“They’re reporting what someone else has said,” McCann said. “That evidence is fundamentally inadmissible and normally inadmissible. It’s only in somewhat exceptional circumstances that it gets admitted.… It requires some great care in assessing that kind of evidence before it should go in.”
On Sunday, the seven women and five men on the jury convicted Hamed Shafia, 21, his mother Tooba Yahya, 42, and his father, Mohammad Shafia, 59, on four counts each of first-degree murder.
They were handed automatic life sentences with no chance of parole for at least 25 years.
The victims, Zainab, 19, Sahar, 17, and Geeti Shafia, 13, and Rona Amir, 50, were found dead in a car submerged in the Kingston Mills lock in June 2009.
The jury found the Shafias guilty of planning, killing and covering up the murders in an attempt to restore family honour in the wake of alleged betrayals and inappropriate behaviour of the girls and their stepmother.
In addition to the hearsay evidence, McCann pointed to an expert in "honour killings" called by the Crown as another basis for appeal.
University of Toronto professor Shahrzad Mojab testified in court about so-called honour-killings and how the utterings of the Shafias, captured on wiretaps, are consistent with the notion of them she found in her research.
She told the court that when family honour is threatened, it is acceptable and expected in some cultures that a male family member could kill a relative.
The defence argued in its closing arguments that Mojab hadn’t done any fieldwork in Afghanistan and her observations were biased.
“The fact that the witness herself acknowledging having an agenda, had devoted her life to a very worthy cause, no doubt, eradicating patriarchy throughout the world, but it tends to colour the evidence,” he said.
Calls to the Ontario Attorney General’s Office regarding appeals were not immediately returned.
Corrections and Clarifications
- An earlier headline suggested all three Shafias will appeal their murder verdicts, however only Hamed Shafia's lawyer has confirmed he has filed his client's application to appeal Jan. 31, 2012 6 p.m. ET
Share Tools
Latest Montreal News Headlines
- SNC-Lavalin hired diplomat's spouse for Gadhafi project
- The husband of Canada's ambassador to Libya was hired by SNC Lavalin to work as part of the Montreal-based company's joint project with the Gadhafi regime, CBC News has learned. more »
- More photo radar coming to Quebec
- New bill will allow municipalities to set up more photo radar, particularly in high risk areas like school and construction zones. more »
- Man charged with impaired driving in deadly DDO hit
- A Quebec man faces two charges of impaired driving after a senior couple was struck by a car in DDO. more »
- Foster Care: The need for centralized information
- The Quebec Human Rights Commission recommends the province set up a central registry with information about problematic foster parents. more »
Top News Headlines
- Graham James apologizes to sex-abuse victims
- Graham James, the former junior hockey coach and convicted sexual abuser whose victims included ex-NHLers Theoren Fleury and Sheldon Kennedy, has told a courtroom: "For my behaviour, I am deeply sorry.… Parents expected sons to be safe; not all were." more »
- Target dangles designer Jason Wu to lure Canadians
- Target Corporation's move into Canada, premiering with cheap fashions by hot designer Jason Wu, needs to promise and consistently deliver quality fashions at retail prices similar to U.S. rates, analysts say. more »
- Santorum, Romney spar in Republican debate
- Mitt Romney and Rick Santorum swapped accusations about spending and taxes Wednesday night in the 20th and possibly final debate of the roller-coaster race for the Republican presidential nomination. more »
- Qur'an burning riots kill 2 NATO soldiers
- Two NATO soldiers were shot and killed Thursday by a man wearing an Afghan army uniform who had joined protesters objecting to Qur'an burnings that took place at a U.S. base earlier in the week, says Reuters. more »
Most Viewed/Commented
- U.S. fugitive child molester arrested in Montreal
- Teen looking for life-saving donor
- Man charged with impaired driving in deadly DDO hit
- SNC-Lavalin hired diplomat's spouse for Gadhafi project
- More photo radar coming to Quebec
- IPad 2 used to lure Quebec nurses
- Montreal doctors accused of taking bribes
- French-Canadian disease prompts U.S. warning
- Accused driver in 'couch surfing' death released

