OTTAWA – A Montreal man who was sentenced to die by decapitation in Saudi Arabia for his role in a fatal schoolyard brawl three years ago has received a reprieve in the form of a retrial.
Saudi Arabia’s highest court earlier this week revoked the death sentence against Mohamed Kohail, 24, and ordered a new trial, Canada’s Department of Foreign Affairs said Saturday.
No reasons were given for the retrial, nor was a specific date.
Kohail has maintained his innocence as he’s languished in a Saudi prison for the past three years, telling Prime Minister Stephen Harper in a letter he was tortured into confessing.
Kohail’s younger brother, Sultan, was sentenced to a public flogging – 200 lashes – and one year in prison after being tried in a juvenile court for the same incident.
Sultan Kohail, who also maintains his innocence, now faces another trial in adult court, which could result in a death sentence for him as well.
Liberal MP Dan McTeague said Saturday he had spoken with the elder Kohail and that he was “very happy, but cautious” about the court decision.
“He rightly feels that this is the best news he’s had in three years,” said McTeague, who is the Liberals’ critic for consular affairs. “I try to give him as much encouragement while he’s been there (in jail) and provide him hope.”
McTeague said this court decision came as a surprise, because a lower court dismissed the appeal months earlier.
“My sense is that this is a very important first step in the right direction but he’s not out of the woods yet,” he said. “He’s still in prison, perhaps for several months before a new trial.”
A family friend said the Kohails were ecstatic when they received the news at about noon Saturday, Saudi Arabian time.
Rana Saheb said they are optimistic that a new trial will reveal what really happened during the brawl three years ago.
“We don’t want clemency, we want a fair trial to know what really happened,” she said in a telephone interview in Montreal.
Foreign Affairs spokeswoman Catherine Loubier said the federal government welcomed the “good news” and that it will continue to provide consular assistance to the Kohail family.
“We are in contact with the family and family’s legal counsel,” she said in an e-mail. “This case continues to be a priority for the government.”
Loubier said government officials will make regular visits to Kohail to “verify his well-being.”
Kohail, a Canadian citizen who was living temporarily in Saudi Arabia, was sentenced to death by beheading after he and Jordanian friend Muhanna Ezzat were convicted of killing 18-year-old student Munzer Al-Hiraki in a brawl in Jidda in January 2007. The fight was captured on videotape.
During his 45-minute trial, a family spokesperson has said, Kohail was denied permission to speak during a brief five-minute appearance before three judges of the General Court in Jidda.
Saheb said that in Mohamed’s first trial, his lawyer was often not even in the courtroom and there was no Canadian representative present to ensure fair proceedings. Some witnesses weren’t even cross-examined, she said.
This time around, there will be someone from the Canadian government in the courtroom throughout the trial, she said.
“Now that it’s out in the open and the Canadian government knows what’s going on, we shouldn’t let this second chance slip by,” she said.
The family, which moved back to Saudi Arabia temporarily in 2005, is hoping Mohamed will be released on bail pending his new trial, a date for which has not yet been set.
As soon as the entire debacle is settled, the family wants to return to Canada, Saheb said.
Ezzat also had his punishment overturned.
Saheb said Mohamed is losing his hair, and injuries he suffered during the fight were never treated.
The Kohails, who are of Palestinian origin, came to Canada in 2000 and became Canadian citizens in 2005. They moved temporarily to Saudi Arabia for the marriage of their daughter.
The Kohails have refused to offer a $5-million blood-money settlement to the victim’s family, which under Saudi law, has the power to spare Mohamed’s life. The family argues that doing so would amount to an admission of guilt.
All along, the Kohail family has pleaded for the Canadian government to intervene in the sentences of their sons, arguing the two received unfair trials.
The defence was not allowed to call witnesses or submit medical evidence. The family also claimed evidence dismissed in court showed the two brothers were trying to escape from a mob and did not cause injuries to the Syrian student.
With files from the Montreal Gazette
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