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Shafia Father To Appeal Murder Convictions

Shafia

First Posted: 02/ 3/2012 7:22 pm Updated: 02/ 8/2012 8:34 am

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A man convicted of killing his three daughters and first wife has filed his intention to appeal.


It's Mohammed Shafia's first step in the process toward filing a full appeal at a later date.


Shafia, 58, joins his son Hamed, 21, who earlier this week filed an inmate notice of appeal. The son, father and second wife Tooba Yahya were convicted Jan. 29 of four counts each of first-degree murder in the deaths of Shafia's daughters Zainab, 19, Sahar, 17, and Geeti, 13, and his first wife in a polygamous marriage, Rona Amir Mohammad, 52.


The bodies were found June 30, 2009, in a car at the bottom of a lock in Kingston, Ont.


The judge described the killings as being motivated by the Shafias' "twisted concept of honour."


The notices of appeal from both men raise the same three grounds:


- Judge Robert Maranger "erred in admitting the evidence of Dr. [Shahrzad] Mojab as an expert with respect to honour killings."


- Maranger erred in admitting hearsay evidence "of the four deceased women." The trial heard from numerous police, child protection and school officials who testified the girls told them about family tensions and their fears. Relatives of Rona testified she had told them she overheard Shafia talking about plans to kill Zainab and "the other one," and she feared that was her.


- Maranger erred in his charge to the jury by characterizing the original story all three told police as "post-offence conduct." Shafia, Yahya and Hamed told police that Zainab took the car keys and must have taken the other three for a joy ride in which they accidentally plunged into the canal. The Crown alleged it was a story the three had concocted to deflect suspicion from them.


Shafia is not fluent in English and it's not clear whether the handwriting on his notice of appeal is his, or whether he had help in filling out the forms. The documents filed by both father and son indicate they have not yet been moved to a federal prison following their convictions from Quinte Detention Centre in Napanee, Ont.


Yahya has not yet filed an inmate notice of appeal, but she had 30 days from the date of conviction to do so. On the day the verdicts were delivered, Hamed's lawyer, Patrick McCann, indicated he believed all three would appeal.


THE TRIAL, IN PHOTOS


Key Quotes From The Shafia Trial
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Mohammad Shafia, centre, and his son Hamed Shafia, left, are led away from the Frontenac County courthouse in Kingston, Ont., Sunday, January 29, 2012, after being found guilty of first degree murder. (Graham Hughes, CP)

"We are not criminal, we are not murderer, we didn't commit the murder and this is unjust," Mohammad said after the verdict was announced.


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Ayaan Hirsi Ali

Ayaan Hirsi Ali: How to Honour the Victims of "Honour Killings"

The verdict in the Shafia case exemplifies the ability of Western legal systems to provide justice to victims of honour killings. If anything positive can come from the Shafia verdict, let it be that law enforcement throughout North America takes the time to educate themselves about honour violence.
Farzana Hassan

Farzana Hassan: The Shafia Women: Killed By Double Standards

The Shafia trial exposed a cultural pathology that needs a closer and unbiased examination. The men in Muslim families are rarely subjected to the kinds of constraints their female relatives endure. It is mostly when the conduct of the women is perceived as dishonourable that matters worsen.
Miranda Frum

Miranda Frum: The Other Culprits in the Shafia Deaths

Another group should stand accused alongside the Shafia family, during the ongoing trial of their daughter's murders: the social service and youth protection professionals who catastrophically let the Shafia girls down.

Filed by Christian Cotroneo  | 
 
 
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Christine Henry Campbell
1 Fans
07:55 PM on 02/07/2012
If Mohommad Shafia is granted an appeal, I certainly hope they keep him in custody until the next court day. I think he would be considered a flight risk and would in all probability flee the country back to his homeland.
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Terran
110 Fans
10:06 PM on 02/05/2012
Of course there is an appeal as most likely the perpetrators of this crime do not think they did anything wrong as they just followed the islamic rules. They are most likely correct as islam sanctions these type of actions. If this crime was committed in afghanistan the father would probably be proclaimed a national hero. It goes to show how incompatible islam is with western values. Worse yet, islam is nearly non-reformable as all the teachings found in koran cannot be changed so it doesn't bode well for the future. These things will keep coming up everytime a father / brother in their twisted logic will deem their daughter / sister act in an un-islamic way and be prompted to 'restore' the honour of their families.
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LIONNYC
102 Fans
09:59 PM on 02/04/2012
Curious about peoples opinions on the following;
1- Does Tooba Yahya deserve the same punishment as the son and the animalistic husband?
2- Are Tooba and the son victims?

I personally feel as though the 3 of them are equally guilty of murder, and I believe if Tooba gets out, her husband will continue to control her from inside and have her raise the remaining kids in the same barbaric manner...
A colleague was expressing sorrow for Yahya, claiming that she is too much of a victim of the husband and shouldnt be as punished as the other two...I was curious about the thoughts out there on this matter.
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turkeylurky
Just keepin it real........
140 Fans
04:33 PM on 02/04/2012
I hope it goes to appeal and that he is subsequently sentenced to 4 consecutive life sentences - as should have been the case in the first place...
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grizzly bear55
King of the forest
451 Fans
02:05 PM on 02/04/2012
Hearsay admission is a strong motive for the appeal as nobody can corroborate what is being told to the court.

The appeal has some merits if the law is applied properly, but mixed with emotion and political correctness, the chances the appeal succeeding are nil.
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tcantine
2 Fans
02:56 PM on 02/04/2012
That's so for hearsay that is introduced as evidence of its content. However, the testimony is admissible if it's simply to show that someone said something, without asserting that it's necessarily true. The witness who is saying "I heard the victim say 'The moon is made of cheese,' before being killed," IS present and can be cross examined on whether or not the victim actually said "The moon is made of cheese", but the actual composition of the moon may not be established, because the person who made the claim was not under oath and is not available for cross-examination.

With respect to the case at hand, I haven't followed it closely enough to be sure, but I don't think the hearsay grounds are especially strong here. Rona's utterance that she overheard the accused planning the killing cannot be used to establish that she actually overheard anything, but it could be used to show her state of mind, and that she was in fear. It may also suggest (but not prove) that there was friction in the household, because a person in a peaceful and secure household would probably not say such a thing.
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John Devlin
26 Fans
12:50 PM on 02/04/2012
Is the third ground of appeal just that the Judge used the term "post-offense conduct"?

As I recall--and this is not my area of expertise--that's the correct term for that kind of evidence. Formerly, it was referred to as "consciousness of guilt" evidence, but the Supreme Court advised against the use of that terminology.
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ljkcan
I don't let geographical borders limit my thinking
1638 Fans
11:21 AM on 02/04/2012
Begs the question I hope his other three daughters are free of this monster.
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Jimm Milenski
41 Fans
09:58 AM on 02/04/2012
If the car and bodies were discovered at the bottom of a lock, in addition to the usual charges will he also be punished for polluting the water with oil, gas, etc; and the costs related to discovery -and retreival- of the bodies? Maybe in the old country he had every right to kill whichever wife and kids displeased him that day. But he made the choice to come to a 2nd-world country
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Kritikos
Intelligence is not a science
522 Fans
 
09:30 AM on 02/04/2012
This appeal is extremely unappealing.
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John Devlin
26 Fans
12:53 PM on 02/04/2012
Well, it appears to raise some interesting evidentiary issues.

Remember that there are two basic functions of an appeal: the obvious one is to search out and, if necessary, correct errors made in an earlier proceeding.
The more important one (though it tends to get less press) is to develop and clarify the law.

Especially as regards the admissibility of the expert's evidence, there's an important and interesting legal issue here.
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tcantine
2 Fans
03:05 PM on 02/04/2012
Yeah, that does raise some interesting questions. I expect the evidence would be found admissible, but I'm interested to hear a higher court's analysis of exactly why.
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chearn73
61 Fans
 
09:13 AM on 02/04/2012
Go ahead and appeal. It is your right. It doesn't sound like there is any way this appeal will really make a difference. The evidence was pretty strong against this family, at least it seems.
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John Devlin
26 Fans
12:56 PM on 02/04/2012
Well, keep in mind that two of the grounds of appeal concern admissibility evidence.

If the Court of Appeal holds that the trial judge should not have admitted the expert opinion evidence or hearsay evidence from the victims (statements by dead individuals are definitionally hearsay, because they cannot be challenged by cross-examination), that could substantially weaken the Crown's case.

It'll certainly require a new trial.

...But, again, that'll only happen if the Court of Appeal agrees with the Shafias' position.
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LIONNYC
102 Fans
07:57 AM on 02/04/2012
Maybe the mother will do the "honourable" thing and NOT appeal. Maybe she will break free from her lunatic husbands wrath and admit to being an accomplice in her husbands plot to murder her daughters and co-wife. I cant fathom how a woman can live with herself knowing she murdered her children....
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John Devlin
26 Fans
01:00 PM on 02/04/2012
Well, I don't see how it's dishonourable for a person to insist on the full vindication of his or her legal rights.
The Criminal Code gives them an appeal, and they're fully justified in taking that step.

There's a broader issue here, too, which I think I can speak to as an up-and-coming young legal talent (ha). The authority of the court of appeal for a province is binding on all other courts in that province. Therefore, their opinions help to develop and clarify the law.

As you can see from the grounds of appeal listed in the article, the case raised an interesting question regarding the admissibility of hearsay evidence.
That doesn't just affect this case; it affects any case where a party seeks to call statements from deceased individuals. It's important that the Court of Appeal take up and clarify issues like that.

In simpler terms, the OUTCOME of this case will affect the parties.
The REASONS FOR THAT OUTCOME will affect the whole legal system.
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LIONNYC
102 Fans
04:48 PM on 02/04/2012
John, fan and faved for such an informative post! From a logical, legal and intellectual point of view, you bring up valid points that I think are spot on. I wrote my comment from a mothers standpoint, striclty emotional. Thanks for sharing.
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shreikback
10 Fans
02:19 AM on 02/04/2012
This what we stand for, as Canadians, you have been tried, and found guilty. It is not about honour. It is about what you thought wrong. Sorry, you were wrong. Take your ideals back to the country you didn't want to live in. If you do not want to live by our laws, well, you just have to go back to the nasty country that you came from...oh, leave all the money here that you thought you could scam the government. Leave something here for the ones that really follow the rules...eh
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shreikback
10 Fans
02:03 AM on 02/04/2012
Now, the people that came forward, are being osterized by the community. Is this what we stand for in Canada. People to come here and do what they want, regardless of our laws...Where does it end, this political diveristy....where does it end. How long do we suffer the misery of families of people being murdered because of other countries way of life, here in Canada, where, it is not acceptable. The original people here did not have the choice. We do, dammit Canada, take a stand, and don't let this crap go on. Don't let this become a pc development , this murder
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NevaforLeadership
1031 Fans
11:30 PM on 02/03/2012
As long as he's paying for the appeal. Keep him busy for a while before he faces the reality of the rest of his life behind bars.
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shreikback
10 Fans
02:08 AM on 02/04/2012
PAYING FOR HIS APPEAL, ARE YOU KIDDING...WE ARE...
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cinderelladressmaker
349 Fans
02:32 AM on 02/04/2012
No, you are forgetting that he is very wealthy. He has no financial hardships. He is paying for the lawyers.
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cinderelladressmaker
349 Fans
02:49 AM on 02/04/2012
No we are not. He is paying for it. He is wealthy. Unfortunately, we are paying for the courts time, but he is paying for his lawyers.
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John Devlin
26 Fans
01:03 PM on 02/04/2012
Appeals are in the public interest, for two reasons:

1) They correct errors made at proceedings below, guaranteeing fairness and shoring up the integrity of the process.

2) Since the judgments of Courts of Appeal are binding on lower courts, they help to develop and clarify the law.
It appears from the listed grounds of appeal that the father is raising an important issue of law regarding the admissibility of certain hearsay evidence. It's for the best that the Court of Appeal sort that issue out, so that trial judges dealing with the same problem in the future know how to approach it.
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NevaforLeadership
1031 Fans
12:08 AM on 02/05/2012
As I said, let him appeal, as long as he's paying for it. Keep him busy before he faces the reality of his situation.

Meanwhile, it would be in the public interest that immigration laws are changed to ensure that immigrants who are convicted of such heinous crimes are deported back to their countries of origin immediately upon their release from prison.

I am tempted to say that it would be better if immigration laws were amended so that those found guilty of such crimes be deported immediately upon being found guilty, but I'm afraid that, in this case, in a country such as Afghanistan that would probably win him and his guilty family members their freedom.

Thankfully, in the end in a democracy voters trump lawyers and judges or at least that's the way it is supposed to work.
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tan2123
+ sec 2 123°
331 Fans
11:29 PM on 02/03/2012
I hope they 'take care' of him in prison before he gets his appeal!
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shreikback
10 Fans
02:07 AM on 02/04/2012
they won't his supporters have money, and we wouldn't want to be politicaly incorrect, now would we
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