Canada’s top court has mercifully put an end to the Shafia family charade of innocence claims and birthdate uncertainty. The Supreme Court of Canada announced today (April 13, 2017) that it will not hear the appeal of Hamed Shafia, who claimed he wasn’t 18 years old at the time he and his father and mother murdered four other family members, including three of Hamed’s five sisters. In essence, the court declared that the Shafias are mass murderers and liars, and that’s the end of it. They no longer have any legal recourse. The decision follows the unanimous rejection by Ontario’s top court of appeals by the trio.
The three convicted Shafia family killers want new trials and Hamed Shafia, the youngest of the trio, wants to be retried or, at least, re-sentenced, as a youth. A panel of judges of Ontario’s top court is grappling with these demands following a two-day hearing this week in Toronto at the Court of Appeal for Ontario. The judges reserved judgment. There’s no timetable for a decision from the court. I think it’s unlikely the Shafias will be successful, on any of their grounds, because, as with some of their outlandish claims during their murder trial, they just can’t be believed.
Confused by the claim of the Shafia family that Hamed, one of the three convicted mass murderers, wasn’t 18 at the time of the killings, in June 2009? The surprising claim, which I have written about several times, and which will go before Ontario’s top court March 3-4, 2016, in Toronto, has left many people shaking their heads. To help explain it, I’ve created a short video (watch it after the jump), complete with a visual aid. I guarantee you’ll come away with a clearer understanding of the claims and, you might be left with a firmer feeling about whether you believe them.
Convicted multiple murderer Hamed Shafia has filed documents with Ontario’s top court in a bid to establish that he was unfairly tried as an adult in the sensational 2009 honour killing case. The exact contents of the application to admit fresh evidence, filed Feb. 19, aren’t yet known. It’s being kept secret by the Court of Appeal for Ontario until a hearing is held on March 3-4 at the court in Toronto but, as I reported previously, a secret hearing was held in Kingston, Ontario last October, at which his father and co-accused, Mohammad Shafia, testified that newly obtained documents show that Hamed was not 18 at the time of the murders on June 30, 2009. Hamed must convince Ontario’s top court to permit him to introduce evidence of the age discrepancy. He claims that his birthdate is December 31, 1991, and not 1990 as first believed. Next week’s hearing also will consider the broader arguments of all three convicted family members. Mohammad Shafia, 62, his wife Tooba, 46, and their son Hamed, were each convicted of four counts of first-degree murder but they have appealed, claiming that their trial was unfair because of “overwhelmingly prejudicial evidence” and “cultural stereotyping.”
As expected, Ontario’s top court has postponed a hearing of an appeal by three members of the Shafia family of Montreal, who were convicted of murdering four other family members in a mass honour killing. The hearing, originally scheduled to be heard by the Court of Appeal for Ontario on Dec. 14, has been put off because of the surprise claim by one of the three convicted killers, Hamed Shafia (inset), who is bringing an application to admit fresh evidence.
Hamed Shafia (inset), the Montreal man convicted, along with his father and mother, of murdering four family members in what the trial judge called a “heinous” and “despicable” mass honour killing, is poised to present a new claim to Ontario’s top court in the appeal of his conviction. The youngest Shafia killer maintains that he was not 18 years old at the time of the murders on June 30, 2009, and he has documents newly obtained from Afghanistan, his birthplace, that purport to prove it, Cancrime learned.
It’s been six months since a significant milestone – the filing of a trial transcript – was reached in the appeal process for three convicted murderers, Mohammad Shafia (inset), his wife Tooba and their son Hamed, who were convicted of killing four family members, so you might be wondering what is happening with the case. No date has been set for a hearing and there’s no indication that one will be set anytime soon. It’s clear that the Court of Appeal for Ontario, the province’s top court, has essentially waived the usual deadline for the filing of important documents that triggers the setting of a date for a hearing.
In an unequivocal, unanimous decision, three judges of Ontario’s top court dismissed an appeal by a convicted honour killer, a decision that could have implications for appeals in the infamous Shafia mass honour killing case. The Court of Appeal for Ontario refused to overturn the conviction of Hasibullah Sadiqi (inset), who shot to death his sister and her fiance in Ottawa, Ontario in 2006. Sadiqi is serving life in prison with no chance of parole for 25 years after he was convicted of two counts of first-degree murder. He acknowledged that he pulled the trigger and had intended to kill both victims, but he claimed that the murders were not planned but were the result of provocation. The prosecution established that Sadiqi, like the Shafias, carried out the murders because he believed his Afghan family’s honour had been tarnished and he believed the slayings would cleanse the shame. In its decision, the Court of Appeal concluded that the Sadiqi case was built on a “strong web of circumstantial evidence,” it relied on “straightforward and powerful logic” presented by a Crown prosecutor and the testimony of an expert on honour killings was “necessary,” “relevant,” and “balanced.”