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.
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.
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.