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Via Rail terror case: Jury error does not warrant new trial, Crown argues

Click to play video 'Men found guilty in Via Rail terror plot granted new trial' Men found guilty in Via Rail terror plot granted new trial
WATCH: Men found guilty in Via Rail terror plot granted new trial – Aug 27, 2019

Federal lawyers are telling the Supreme Court of Canada it would be a miscarriage of justice to grant a new trial to two men accused of plotting to crash a Via Rail train.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 of terror-related charges arising mainly from an alleged al-Qaida-inspired scheme to derail a passenger train travelling between the United States and Canada.

Read more: Men found guilty in Via Rail terror plot win new trial over improper jury selection

Both men appealed their convictions, with counsel for Jaser and a court-appointed lawyer for Esseghaier arguing the jury at the trial was improperly constituted.

In August last year, the Ontario Court of Appeal ordered a fresh trial for the men on grounds the jury was indeed chosen incorrectly.

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The Supreme Court is scheduled to review the appeal court’s decision in a hearing Wednesday afternoon.

In a written submission to the court, the Crown argues the convictions should not be overturned on the basis of a highly technical error in the jury selection process that did not cause any prejudice to fair trial rights.

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Chiheb Esseghaier and Raed Jaser get life in prison for VIA Rail terror plot – Sep 23, 2015