June 28, 2009
Ottawa — The Canadian Press Last updated on Sunday, Jun. 28, 2009 05:23PM EDT
Saudi Arabia's Supreme Judicial Council has reportedly asked a lower court to again rethink its decision on Mohamed Kohail. It's the latest volley in a game of judicial ping-pong between the two Saudi courts.
Mr. Kohail's lawyer was told of the Supreme Judicial Council's request of the lower court on Saturday, said Liberal MP Dan McTeague, who has been closely involved in the case.
Mr. Day, in Jordan where he signed a free-trade deal on Sunday, said the judicial stand-off may auger well for Mr. Kohail.
“The fact that it's been referred back to the lower court, that is the higher court saying 'There are some issues here that need to be reconsidered,”' he said.
“We're taking that as positive ... but I don't want to be reading things into this decision.”
Forcing the Jidda General Court to once more rethink its ruling may allow Mr. Kohail's lawyers to air concerns not previously heard, Day added.
“Any time an item is being appealed, there's always the potential for increased consideration on the points of concern,” he said.
“That's why though their appeal process, like Canada's, can be extensive, it shows they are giving thought to the issues that have been raised.”
Mr. McTeague, the party's consular critic, said Mr. Day's comments show a lack of understanding of the Saudi justice system.
“How can he be encouraged when this has gone back [to the lower court] for the sixth time?” Mr. McTeague said.
“The reality here is he shows a distinct lack of interest by making that kind of a comment, because it demonstrates in spades that that simply means another rubber stamp that continues to put the life and Mohamed and his brother in jeopardy.”
Mr. Kohail, 24, was sentenced to death after being convicted in the death of a man during an after-school brawl in Jidda in 2007.
The brawl apparently started when his younger brother, Sultan, 18, was accused of insulting a girl.
The brothers have repeatedly said they were acting in self-defence and were not involved in inflicting the fatal wounds during the fight, which involved dozens of teenagers.
In November, the verdict was upheld by the Appeals Court but was not endorsed by the Supreme Judicial Council when it looked at the case in February.
Sultan Kohail, meanwhile, had earlier been sentenced to 200 lashes and a year in prison by a juvenile court.
But the ruling was overturned by an appeals court and Sultan was ordered to face a new trial in adult court. As a result, Sultan could also ultimately face the death penalty if convicted.
Both brothers have claimed their innocence and say the Saudi judicial system has not afforded them a fair trial.
Mohamed Kohail has written directly to Stephen Harper, asking the Prime Minister to personally intervene in his case.
His family members gave the letter to Mr. Day on Saturday as the trade minister met with them in Jidda, and asked him to deliver it to Harper.
In it, Mr. Kohail tells Mr. Harper he feels his government has let him down.
“I am currently spending more time in jail than William Sampson although my case does not have any political implications,” he wrote.
“Yet I feel my government had failed to help me in every simple legal and councillor [consular] procedure, which led me to the fate I am facing today, beheading by sword.”
William Sampson, who holds a dual British-Canadian citizenship, was imprisoned and tortured in Saudi Arabia where he was arrested in 2001, accused of involvement in a string of bombings in Riyadh. He was among seven foreigners granted amnesty and freed in 2003.
Mr. Kohail, who has written a previous letter that never reached Harper, asks the prime minister in his latest letter to contact Saudi King Abdullah personally.
Day's office said the cases of Mohamed Kohail and his brother Sultan were also raised by the minister during bilateral meetings, including one with Bandar bin Mohammed Al-Aiban, president of the Saudi Human Rights Commission.
Commentary by the Ottawa Mens Centre
No Fair Trials in Canada -Before Stockwell Day gives us another legal
opinion, he might watch some of the Ottawa Superior Court judges in Action at
161 Elgin Street.
The Ottawa Superior Court Judges Chambers has in their midst, some of the most vile examples of humanity that can exist without being labeled as dangerous offenders.
The most dangerous of the underbelly of the Ottawa Judiciary has got to be that judge the Ottawa Legal Profession refer to as "the worst of the worst", "the worst judge ever", the lazy judge", "the judge that never smiles" and that is the dis-honourable Justice ALLAN SHEFFIELD and Justice Denis Power.
Allan Sheffield dispenses with trials, he makes criminal convictions without a trial, it's called "Summary judgment" and to make sure he never ever sees that person in court again, he declares them "Vexatious Litigants" that is, the judiciary's way of getting rid of a case when, "there is no genuine issue for trial"
The only problem is, most of the time, its the very compelling issues for trial that make the case one worthy of a true political decision rather than a legal decision.
Its called doing indirectly what is prohibited directly, its as illegal as Brian Mulroney's acceptance of several hundred G's in dinero in el mano.
Its what the legal profession refer to as "a Flagrant Abuse of Judicial Power".
It means CORRUPT judges like ALLAN SHEFFIELD habitually, with a sadistic motivation, that borders on that of a psychopath, make "Political decisions" which in Ontario Family Court means that a father will never see his kid/s again.
Sheffield and Power also make decisions ordering child support on Incomes that never existed, can't exist and obviously did not and will not exist, often with no evidence what so ever of any income even alleged, these decisions are virtual Life Time Jail sentences of indefinite repeated incarceration that can never be appealed.
Check out Roscoe's research at
www.OttawaMensCentre.com / roscoe