The Supreme Court of Canada in Ottawa on Thursday, May 16, 2019. The Supreme Court of Canada says a Quebec naturopath is not guilty of manslaughter or criminal negligence in the death of an elderly man. THE CANADIAN PRESS/Sean Kilpatrick

The Supreme Court of Canada in Ottawa on Thursday, May 16, 2019. The Supreme Court of Canada says a Quebec naturopath is not guilty of manslaughter or criminal negligence in the death of an elderly man. THE CANADIAN PRESS/Sean Kilpatrick

Crown seeks Supreme Court of Canada hearing in railway terror case

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 on terror-related charges

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.

READ MORE: New trial ordered for men convicted of terror charges in plot to derail Ontario train

The Canadian Press


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